Karen Felter, Esq., and Brady O’Malley, Esq., recently won summary judgment in Erie County on a large and complex Labor Law 240(1) case. Plaintiff’s fell from a roof on a construction site, which resulted in severe injuries and multiple spine surgeries. The sub-subcontractor refused to defend and indemnify our subcontractor client by arguing that (i) the subject contractual indemnification provision was void under the General Obligations Law, and (ii) contractual indemnification was not warranted because the accident did not arise out of the sub-subcontractor’s work. Erie County Supreme Court rejected both of these arguments and granted summary judgment to our client on its claim for contractual indemnification. In addition, Supreme Court held that the subcontractor was not a proper statutory defendant under the Labor Law and dismissed the plaintiff’s case against the subcontractor.