Thank You For Submiting Feedback!
United States District Court for the Eastern District of New York
January 31, 2018, Decided; January 31, 2018, Filed
MEMORANDUM OF DECISION & ORDER
SPATT, District Judge:
On August 29, 2016, plaintiff Striker Sheet Metal II Corp. (the "Plaintiff" or "Striker") initiated this declaratory judgment action against the defendant, Harleysville Insurance Company of New York ("Harleysville" or the "Defendant") in the Supreme Court of New York, Nassau County. Harleysville subsequently removed this action to this Court on October 24, 2016. The complaint alleges that Harleysville wrongly denied Striker coverage under a general liability policy for claims arising from an on-the-job injury to one of Striker's employees. See Docket Entry ("DE") 1.
Presently before the Court is a motion for summary judgment filed by the Defendant on July 11, 2017, pursuant to Federal Rule of Civil Procedure ("Fed. R. Civ. P." or "Rule") 56, and a cross-motion for summary judgment filed by the Plaintiff on August 15, 2017, [*2] pursuant to Fed. R. Civ. P. 56.
For the reasons set forth herein, the Defendant's motion for summary judgment is granted in its entirety and the Plaintiff's motion for summary judgment is denied.
A. The Factual Background
1. The Accident
On November 1, 2011, Striker, a sheet metal contractor, executed a subcontract (the "Subcontract") with Trystate Mechanical, Inc. ("Trystate"), a HVAC contractor, to "furnish all material and labor for a complete sheet metal system" for a construction project at the Public Theater, located at 425 Lafayette Street, New York, NY (the "Construction Site"). Defendant's Local Rule 56.1(a) Statement of Undisputed Facts ("Defendant's 56.1 Statement") ¶ 2.
On January 10, 2012, Striker employee Randal Fiore ("Fiore") allegedly suffered injuries during the course of his employment at the Construction Site. Id. ¶ 3. In his deposition, Fiore testified that, while delivering HVAC ductwork to the Construction Site, he removed a hand truck from a Striker-owned truck, and helped load the hand truck with the ductwork. Id. ¶ 4. With the hand truck filled with ductwork, Fiore maneuvered the hand truck to a ramp, and in the process of moving the hand truck up the ramp, Fiore tripped on "construction [*3] debris" and fell. Id. According to two Striker employees who were present, Kevin Spaun and Brian Zeller, as well as an Injury and Illness Incident Report filed with the Occupational Safety and Health Administration, Fiore was injured as the hand truck was being removed from Striker's truck. See DE 15, Ex. B; DE 14, Ex. D at 45:8-46:4; id. Ex. E at 50:8-51:13.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2018 U.S. Dist. LEXIS 15892 *; 2018 WL 654445
STRIKER SHEET METAL II CORP., Plaintiff, -against- HARLEYSVILLE INSURANCE COMPANY OF NEW YORK, Defendant.
Subsequent History: Related proceeding at Fiore v. Westerman Constr. Co., Inc., 2020 N.Y. App. Div. LEXIS 4553 (N.Y. App. Div. 2d Dep't, Aug. 12, 2020)
insured, hand truck, coverage, summary judgment, unloading, summary judgment motion, duty to defend, truck, extrinsic evidence, assertions, indemnify, disclaimer, loading, construction site, allegations, ductwork, light most favorable, nonmoving party, material fact, ramp, admissible evidence, matter of law, circumstances, deposition, watercraft, quotation, aircraft, purposes, allegation of the complaint, loading and unloading