A New York court has ruled on a significant labor law case involving a construction accident that left a worker injured. The Appellate Division of the Supreme Court of the State of New York decided on June 2, 2026, to modify a lower court's ruling regarding liability and indemnification in the case of Graves v. Sava Serbian Orthodox Church. This decision impacts the parties involved, including the injured worker, the church, and the contracting company responsible for safety measures at the construction site.
The case centers around Gregory Graves, who fell through an unprotected opening at a construction site managed by the Sava Serbian Orthodox Church. The court's ruling is crucial as it clarifies the responsibilities of contractors under New York's Labor Law, particularly Section 240(1), which protects workers from elevation-related risks.
In this case, Casandra Harris Graves, Gregory's representative, filed a lawsuit against the Sava Serbian Orthodox Church and its contractors, including G.P.J. O'Donoghue Contracting Corp. The dispute arose after Gregory Graves suffered serious injuries from the fall, prompting the lawsuit to seek compensation for damages. The case progressed through the courts, ultimately reaching the Appellate Division after various motions for summary judgment on liability and indemnification were filed.
The Appellate Division's ruling modified the earlier decision made by the Supreme Court, New York County, which had granted partial summary judgment in favor of the plaintiff on the Labor Law claim. The court found that Gregory Graves had demonstrated a prima facie case for his claim under Labor Law § 240(1). The court stated, "the plaintiff demonstrated prima facie entitlement to partial summary judgment on her Labor Law § 240 (1) claim by showing that Gregory Graves... fell 11 feet through an unprotected opening." This acknowledgment of liability is significant as it reinforces the protections offered to workers under the law.
Furthermore, the court ruled in favor of the Sava Serbian Orthodox Church regarding its indemnification claims against G.P.J. O'Donoghue Contracting Corp. The court stated, "Saint Sava is entitled to unconditional contractual indemnification from GPJ." This ruling emphasizes that GPJ, as the contractor responsible for site safety, failed to meet its obligations, which contributed to the accident.
The court's decision also addressed the issue of common-law indemnification, which was initially denied as academic by the lower court. However, the Appellate Division clarified that a party could be entitled to both contractual and common-law indemnification if the plaintiff suffered a