Opinion
2013-02-21
CHANG ZHANG ZOU, Plaintiff–Appellant, v. 122 DEVELOPMENT, LLC, Defendant, Matrix Construction Services, Inc., Defendant–Respondent.
Morelli Ratner PC, New York (Adam E. Deutsch of counsel), for appellant. Faust Goetz Schenker & Blee LLP, New York (Peter Kreymer of counsel), for respondent.
Morelli Ratner PC, New York (Adam E. Deutsch of counsel), for appellant. Faust Goetz Schenker & Blee LLP, New York (Peter Kreymer of counsel), for respondent.
Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered June 8, 2011, which, to the extent appealed from as limited by the briefs, granted the motion of defendant Matrix Construction Services, Inc. (Matrix) for summary judgment dismissing the Labor Law § 240(1) and § 241(6) claims as against it, unanimously affirmed, without costs.
The evidence establishes that Matrix was not a general contractor with supervisory authority and control over plaintiff's work. Accordingly, it cannot be held liable for plaintiff's injuries under Labor Law § 240(1) or § 241(6) ( see Russin v. Louis N. Picciano & Son, 54 N.Y.2d 311, 445 N.Y.S.2d 127, 429 N.E.2d 805 [1981];Aversano v. JWH Contr., LLC, 37 A.D.3d 745, 831 N.Y.S.2d 222 [2d Dept. 2007] ).