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Lessee Who Has Authority to Control the Work Is Liable Under the Labor Law

The Second Department reversed Supreme Court finding that plaintiff was entitled to summary judgment on his Labor Law 240 (1) claim. Plaintiff alleged that a ladder twisted out from under him when he was carrying materials to the roof and defendant (Sigma) did not raise a question of fact whether plaintiff’s conduct was the sole proximate cause of his injuries. The court explained the circumstances under which a tenant, the defendant (Sigma) here, is liable under the Labor Law:

Labor Law § 240(1) applies to owners, contractors, and their agents (see Labor Law § 240[1]…). A party is deemed to be an agent of an owner or contractor under the Labor Law when it has the ” ability to control the activity which brought about the injury'” … . A lessee of real property that hires a contractor and has the right to control the work at the property is considered to be an owner within the meaning of the law … . Moreover, a lessee of property may be liable as an “owner” when it “has the right or authority to control the work site, even if the lessee did not hire the general contractor” … . The key question is whether the defendant had the right to insist that proper safety practices were followed … . Here, the evidence established that Sigma was the lessee of the premises where the accident occurred and that the president of Sigma hired the injured plaintiff to perform the work and controlled his work. Seferovic v Atlantic Real Estate Holdings, LLC, 2015 NY Slip Op 03343, 2nd Dept 4-22-15

 

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