OUT-OF-POSSESSION LANDLORD CAN BE LIABLE UNDER LABOR LAW 240 AND 241.
The First Department noted that an out-of-possession landlord can be held liable for Labor Law 240 and 241 claims:
… [T]he court improperly dismissed the Labor Law §§ 240 and 241 claims on the ground that the City was an out-of-possession landlord, since the statutes impose liability on property owners without regard to the owner's degree of supervision or control over the premises … . Siguencia v City of New York, 2016 NY Slip Op 03108, 1st Dept 4-26-16