DEFENDANT DID NOT EXERCISE SUFFICIENT CONTROL OVER PLAINTIFF’S WORK TO BE LIABLE UNDER LABOR LAW 200.

The Second Department determined the masonry contractor, Citnalta, did not exercise sufficient control over plaintiff’s work to be liable under Labor Law 200. Plaintiff, who worked for a subcontractor, was injured when a masonry saw jammed”

Here, Citnalta established its prima facie entitlement to judgment as a matter of law by demonstrating that the subject accident was caused by the means and methods of the plaintiff’s work, that the plaintiff’s work was directed and controlled by his employer, and that it had no authority to exercise supervisory control over his work … . The plaintiff’s evidence of Citnalta’s general supervision of the project and overall compliance with safety standards was insufficient to raise a triable issue of fact in opposition … . Further, contrary to the plaintiff’s contention, he failed to raise a triable issue of fact as to whether his injuries arose from a dangerous or defective premises condition … . Messina v City of New York, 2017 NY Slip Op 00640, 2nd Dept 2-1-17

LABOR LAW-CONSTRUCTIVE LAW (DEFENDANT DID NOT EXERCISE SUFFICIENT CONTROL OVER PLAINTIFF’S WORK TO BE LIABLE UNDER LABOR LAW 200)