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Alfonseca v. Van-Tag

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 2007
39 A.D.3d 266 (N.Y. App. Div. 2007)

Opinion

No. 708.

April 5, 2007.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered July 14, 2005, which, to the extent appealed from, granted the motion and cross motion by defendants Van-Tag Construction and Piermont Ironworks for summary judgment dismissing the complaint against them, unanimously affirmed, without costs.

Raymond B. Schwartzberg, PLLC Associates, New York (Raymond B. Schwartzberg of counsel), for appellant. Cartafalsa, Slattery, Turpin Lenoff, New York (Andre A. Brochetelli of counsel), for Van-Tag Construction Corporation, respondent.

Querrey Harrow, Ltd., New York (Thomas J. Bracken of counsel), for Piermont Ironworks Incorporated, respondent. Fishman Callahan, P.C., Suffern (Jayne F. Monahan of counsel), for Brittashan Electric Company, respondent.

Before: Andrias, J.P., Marlow, Sullivan, Gonzalez and Kavanagh, JJ.


Owners, contractors and their agents can be liable under Labor Law § 200 (1) only if they had the authority to control the activity bringing about the injury, so as to be able to avoid or correct the unsafe condition ( see e.g. Lombardi v Stout, 80 NY2d 290). The language of the respective construction contracts does not subject these defendants to liability here ( see Espinal v Melville Snow Contrs., 98 NY2d 136), and plaintiff failed to show other means by which Van-Tag or Piermont had the requisite control to establish liability.


Summaries of

Alfonseca v. Van-Tag

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 2007
39 A.D.3d 266 (N.Y. App. Div. 2007)
Case details for

Alfonseca v. Van-Tag

Case Details

Full title:EFRAIN ALFONSECA, Appellant, v. VAN-TAG CONSTRUCTION CORPORATION et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 5, 2007

Citations

39 A.D.3d 266 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 2990
833 N.Y.S.2d 458

Citing Cases

Rosa v. 47 E. 34th St. (NY), L.P.

In addition, the First Department held that Labor Law § 200 applies to a managing agent who exercises control…