“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