You are here: / / THE HOMEOWNER AND THE GENERAL CONTRACTOR DID NOT HAVE SUFFICIENT SUPERVISORY...

THE HOMEOWNER AND THE GENERAL CONTRACTOR DID NOT HAVE SUFFICIENT SUPERVISORY AUTHORITY TO BE LIABLE IN THIS LABOR LAW 200 AND COMMON-LAW NEGLIGENCE ACTION STEMMING FROM A SCAFFOLD COLLAPSE (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the Labor Law 200 and negligence causes of action against the homeowners (the Chetrits) and the general contractor (J & S) should have been dismissed in this scaffold-collapse case. Neither defendant had sufficient supervisory authority to trigger liability. Plaintiff worked for a company hired by J & S, the general contractor:

“‘Section 200 of the Labor Law merely codified the common-law duty imposed upon an owner or general contractor to provide construction site work[ers] with a safe place to work'” … . “‘To be held liable under Labor Law § 200 for injuries arising from the manner in which work is performed, a defendant must have authority to exercise supervision and control over the work'” … . Here, both the Chetrits and J & S demonstrated their prima facie entitlement to judgment as a matter of law dismissing the Labor Law § 200 and common-law negligence causes of action insofar as asserted against each of them, as the record demonstrates that neither the Chetrits nor J & S supervised, directed, or otherwise controlled the plaintiff’s work … . In opposition, the plaintiff failed to raise a triable issue of fact. Contrary to the plaintiff’s contentions, the fact that Abraham Chetrit, David Chetrit, and J & S’s employees often visited the work site to inspect the work, make requests, and ask questions does not preclude summary judgment, as “‘[m]ere general supervisory authority at [the] work site for the purpose of overseeing the progress of the work and inspecting the work product is insufficient to impose liability under Labor Law § 200′” … . Moreover, although J & S employees had the power to stop any unsafe work at the work site, this alone is insufficient to impose liability under Labor Law § 200 … . Debennedetto v Chetrit, 2021 NY Slip Op 00413, Second Dept 1-27-21

 

You might also like
A JUDICIAL FORECLOSURE SALE SHOULD BE SET ASIDE IF THERE IS DOUBT ABOUT THE TITLE (HERE SUSPICION A DEED WAS FORGED); CAVEAT EMPTOR (BUYER BEWARE) IS NOT STRICTLY APPLIED TO A JUDICIAL SALE AT AUCTION (SECOND DEPT). ​
DEFENDANT SHOULD HAVE BEEN GRANTED A HEARING ON HIS MOTION TO VACATE HIS CONVICTION BY GUILTY PLEA ON INEFFECTIVE ASSISTANCE GROUNDS; DEFENDANT RAISED A QUESTION WHETHER DEFENSE COUNSEL SHOULD HAVE INFORMED HIM OF AN AFFIRMATIVE DEFENSE TO THE ROBBERY FIRST CHARGE (SECOND DEPT).
Pre-Deposition Motion to Dismiss in Rear-End Collision Case Not Premature
Plaintiff Should Have Been Allowed to Add Doctor to Medical Malpractice Action After the Statute of Limitations Had Run—All the Relation-Back Criteria Were Met
19 YEAR OLD NOTICE OF CLAIM WAS NOT SUFFICIENT WRITTEN NOTICE OF SIDEWALK DEFECT.
Therapeutic Dog Allowed In Court to Support Alleged Child Victim of Sexual Offenses During Trial Testimony
Specific Disclaimers Indicating No Information Extrinsic to the Written Contract Was Relied Upon Precluded Fraud in the Inducement Cause of Action/Summary Judgment on Promissory Note Precluded—Breach of Contract Cause of Action Was Intertwined with Promissory Note
ROBBERY CONVICTIONS WERE NOT SUPPORTED BY LEGALLY SUFFICIENT EVIDENCE OF PHYSICAL INJURY; SEVERAL CONVICTIONS, ALTHOUGH SUPPORTED BY LEGALLY SUFFICIENT EVIDENCE, WERE AGAINST THE WEIGHT OF THE EVIDENCE BECAUSE OF THE WEAKNESS OF THE IDENTIFICATION EVIDENCE (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

THE VIRGINIA DIVORCE DID NOT CHANGE THE PARTIES’ STATUS FROM TENANTS BY... PLAINTIFF’S FALL FROM A LOW CONCRETE RETAINING WALL TO THE GROUND WAS...