PMT Secures First Department Ruling Clarifying GC Exposure

By John T. Kalin and Anu Bhargava

PMT Secures First Department Ruling Clarifying GC Exposure: Labor Law § 200 Dismissed and Full Contractual Indemnification Awarded in Scaffold/Formwork Collapse Case.

Pillinger Miller Tarallo, LLP obtained a significant appellate victory in the Appellate Division, First Department, securing dismissal of all Labor Law § 200 and common‑law negligence claims against the general contractor while also winning full contractual indemnification from the subcontractor whose employee was injured. The decision provides meaningful guidance on the limits of general contractor exposure in scaffold and formwork‑related accidents, particularly where the subcontractor controls the means and methods of the work.

In Nelson Guadalupe Coronel v. Marcal Contract Co., LLC, et al. (Appellate Division, First Department, Appeal #: 2025-02172– PMT: Construction, Labor Law, and Complex Multi-Party Litigation), the plaintiff, a carpenter employed by third-party defendant Capital Concrete NY, Inc., alleged injuries after a concrete form fell from approximately 15 feet while he was performing work at the site.

While the Appellate Division affirmed summary judgment on the plaintiff’s Labor Law § 240(1) claim, Pillinger Miller Tarallo secured reversal of the trial court’s decision declining to dismiss the Labor Law § 200 and negligence claims against Marcal Contracting and denying Marcal full contractual indemnification. The subcontract agreement contained a broad indemnity provision requiring Capital Concrete to indemnify Marcal “to the fullest extent permitted by law” for injuries arising out of Capital’s work. Because the appellate court found no negligence on Marcal’s part and concluded that the accident stemmed directly from Capital’s operations, it awarded Marcal complete contractual indemnification.

The ruling reinforces two important principles for construction‑risk stakeholders:

• General oversight and site‑safety coordination do not create § 200 liability absent actual supervisory control over the injury‑producing work.
• Broad indemnification clauses remain enforceable when the general contractor is free from negligence, and the injury arises from the subcontractor’s work.

This decision highlights PMT’s strength in construction and Labor Law litigation, particularly in appellate advocacy involving contractual risk transfer and indemnification disputes and reinforces the firm’s ability to eliminate substantial exposure for its clients through strategic motion practice and appeals.

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Should you have any questions, please call our office at (914) 703-6300 or contact:

Marc H. Pillinger, Executive Partner
mpillinger@pmtlawfirm.com

Jeffrey T. Miller, Executive Partner
jmiller@pmtlawfirm.com

Jeffrey D. Schulman, Executive Partner
jschulman@pmtlawfirm.com

Richard J. Freire, Executive Partner
rfreire@pmtlawfirm.com