Veloso v. Scaturro Bros., Inc.

Summary

The Appellate Division, First Department modified an order denying Hunter Roberts Construction Group, LLC's motion for summary judgment. The court dismissed the plaintiff's Labor Law § 200 and common-law negligence claims against HRCG but upheld the denial of summary judgment on the Labor Law §§ 240(1) and 241(6) claims because triable issues remained regarding HRCG's supervisory authority and statutory-agent status.

Holdings

1. Summary judgment was properly denied on the Labor Law §§ 240(1) and 241(6) claims because conflicting evidence created triable issues of fact concerning whether HRCG directed or supervised the lead-abatement work or was a statutory agent of the owner.
2. HRCG was entitled to summary judgment dismissing the Labor Law § 200 and common-law negligence claims because no evidence raised a triable issue that HRCG actually directed or controlled Veloso's injury-producing work.

Questions Presented

1. Whether triable issues of fact existed as to whether HRCG was a proper statutory defendant or agent subject to liability under Labor Law §§ 240(1) and 241(6).
2. Whether HRCG was entitled to summary judgment on Veloso's Labor Law § 200 and common-law negligence claims absent evidence that it directed or controlled the injury-producing work.

Disposition

other