The First Department determined there was a question of fact whether defendant site safety consultant exercised sufficient supervisory control to support the Labor Law 200 cause of action:
The motion court properly found a material question of fact as to whether ELI, the site safety consultant employed by plaintiff[‘s] … employer, had supervisory control and authority over the work being done when plaintiff was injured, and can be held liable for plaintiff’s injuries under the Labor Law as an agent of the owner or general contractor. … ELI’s principal testified that the responsibility of a site safety consultant was to consult with and make recommendations to the foreman, project manager or superintendent should he or she observe a potentially unsafe condition. However, the agreement under which ELI performed its services for plaintiff’s employer … provided that the site safety consultant, in addition to making inspections of the work place to ascertain a safe operating environment, was to “[t]ake necessary and timely corrective actions to eliminate all unsafe acts and/or conditions,” and “[p]erform all related tasks necessary to achieve the highest degree of safety.” Oliveri v City of New York, 2017 NY Slip Op 00237, 1st Dept 1-12-17
LABOR LAW-CONSTRUCTION LAW (QUESTION OF FACT WHETHER SITE SAFETY CONSULTANT EXERCISED SUFFICIENT CONTROL OVER PLAINTIFF’S WORK TO BE LIABLE UNDER LABOR LAW 200)/EVIDENCE (LABOR LAW-CONSTRUCTION LAW, QUESTION OF FACT WHETHER SITE SAFETY CONSULTANT EXERCISED SUFFICIENT CONTROL OVER PLAINTIFF’S WORK TO BE LIABLE UNDER LABOR LAW 200)/SAFETY CONSULTANT (LABOR LAW-CONSTRUCTION LAW, QUESTION OF FACT WHETHER SITE SAFETY CONSULTANT EXERCISED SUFFICIENT CONTROL OVER PLAINTIFF’S WORK TO BE LIABLE UNDER LABOR LAW 200)