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THE CONTRACTOR RETAINED PLAINTIFF’S EMPLOYER TO INSTALL AN OIL TANK; THE CONTRACTOR DID NOT EXERCISE SUPERVISION AND CONTROL OVER PLAINTIFF’S WORK; PLAINTIFF WAS INJURED WHEN A PIECE OF THE TANK BROKE OFF AND STRUCK HIM; THE LABOR LAW 200 AND COMMON-LAW NEGLIGENCE CAUSES OF ACTION AGAINST THE CONTRACTOR WERE DISMISSED (FIRST DEPT).

The First Department, reversing Supreme Court, determined plaintiff’s Labor Law 200 and common-law negligence causes of action against a contractor, Controlled Combustion, should have been dismissed. Plaintiff’s employer was retained by Controlled Combustion to install an oil tank. A piece of the tank broke off and struck the plaintiff. Controlled Combustion did not exercise supervisory control over plaintiff’s work:

Controlled Combustion is entitled to dismissal of plaintiff’s Labor Law § 200 and common-law negligence claims because it established that it did not “actually exercise[] supervisory control over” plaintiff’s work … . General oversight, regular inspections, and authority to stop unsafe work are insufficient to impose liability under Labor Law § 200 or common-law negligence … . Plaintiff testified that while installing an oil tank in the basement of a building owned by 2350 Broadway, he was struck by a base piece of the tank when the piece detached and fell from an electric chain hoist, which was owned by his employer. Controlled Combustion, a commercial heating company, was retained to perform work in the building, and it in turn retained plaintiff’s employer to install the oil tank. Plaintiff also testified that his employer came up with the plan to move the base piece with a hoist and that all orders of how to do his job came from his employer, not Controlled Combustion. Rosario v C.C. Controlled Combustion Co., Inc., 2026 NY Slip Op 03279, First Dept 5-26-26

Practice Point: Consult this decision for insight into what constitutes “supervision and control” over a plaintiff’s work such that the contractor which hired plaintiff’s employer can be liable to plaintiff under Labor Law 200 and common-law negligence.

 

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