You are here: / / “General Supervision” of Work Site Did Not Trigger Liability...

“General Supervision” of Work Site Did Not Trigger Liability Under Labor Law 241(6)

The Second Department determined  a company (Draghi) hired by the home builder (Majestic)  to do framing work and general supervision was not liable to plaintiff (who was injured when he tripped while using stilts to work on the ceiling) under Labor Law 241(6):

Draghi demonstrated its prima facie entitlement to judgment as a matter of law dismissing the Labor Law § 241(6) cause of action insofar as asserted against it by establishing that it was not an owner, general contractor, or statutory agent of the owner or general contractor … . Draghi did not hire any contractors and was not charged with “the duty of co-ordinating all aspects of [the] construction project” … . Rather, Draghi merely assumed a role of “general supervision,” pursuant to which it checked the progress of the work and reported to Magestic … . Draghi demonstrated that it did not have the ability to control the activity which brought about the plaintiff’s injury … . Thus, Draghi established that it could not be held liable under Labor Law § 241(6)… . Gonzalez v Magestic Fine Custom Home, 2014 NY Slip Op 01713, 2nd Dept 3-19-14

 

You might also like
ATTORNEY GENERAL MAY IMPOSE CIVIL PENALTIES FOR VIOLATION OF THE TIDAL WETLANDS ACT AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION WAS ENTITLED TO SUMMARY JUDGMENT ON ITS ACTION TO COMPEL DEFENDANT TO SUBMIT A RESTORATION PLAN AFTER DEFENDANT, CLEARED AND FILLED WETLANDS AND CONSTRUCTED A BULKHEAD AND FENCE ON WETLANDS (SECOND DEPT).
IN THIS SLIP AND FALL CASE, THERE WAS NO EXPRESS INDEMNIFICATION AGREEMENT BETWEEN DEFENDANT GROCERY STORE AND THE FLO0R-CLEANING DEFENDANTS AND THERE WAS NO EVIDENCE THE FLOOR-CLEANING DEFENDANTS WERE NEGLIGENT OR CAUSED THE INJURY; THEREFORE THE GROCERY STORE’S INDEMNIFICATION AND CONTRIBUTION ACTIONS SHOULD HAVE BEEN DISMISSED (SECOND DEPT).
A PARTY INJURED IN A HIT AND RUN TRAFFIC ACCIDENT CANNOT SUE THE MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION (MVAIC) IF THE PARTY WAS OPERATING AN UNINSURED MOTOR VEHICLE AT THE TIME OF THE ACCIDENT; HERE THE ELECTRIC BIKE PETITIONER WAS OPERATING WAS DEEMED AN UNINSURED MOTOR VEHICLE (SECOND DEPT).
Question of Fact Whether Snow Removal Efforts Created or Exacerbated Icy Condition
THE PROSECUTOR’S FAILURE TO INSTRUCT THE GRAND JURY ON THE JUSTIFICATION DEFENSE REQUIRED REVERSAL AFTER TRIAL AND DISMISSAL OF THE INDICTMENT (WITHOUT PREJUDICE) (SECOND DEPT).
PLAINTIFF’S DISCOVERY-RELATED ACTIONS WERE NOT WILLFUL AND CONTUMACIOUS SUCH THAT THE COMPLAINT SHOULD HAVE BEEN DISMISSED; HOWEVER PLAINTIFF’S DISCOVERY DELAYS WARRANTED VACATING THE NOTE OF ISSUE AND PAYMENT OF $3000 TO DEFENDANTS’ ATTORNEY (SECOND DEPT).
ALLEGATION THE LADDER PLAINTIFF WAS USING SHIFTED FOR NO APPARENT REASON ENTITLED PLAINTIFF TO SUMMARY JUDGMENT ON HIS LABOR LAW 240 (1) CAUSE OF ACTION (SECOND DEPT).
THE BANK’S FAILURE TO OFFER A REASONABLE EXCUSE FOR FAILURE TO COMPLY WITH A COURT RULE REQUIRING THAT A MOTION FOR A JUDGMENT OF FORECLOSURE BE FILED WITHIN ONE YEAR OF THE ENTRY OF THE ORDER OF REFERENCE WARRANTED DISMISSAL OF THE FORECLOSURE ACTION (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

County Not Entitled to Dismissal of Suit Seeking Refund of Taxes Declared Wrongly... Bicyclist’s Negligence as a Matter of Law Did Not Warrant Summary Judgment...