Summary: Flor Barrios v. City of New York, 75 A.D.3d 517, 905 N.Y.S.2d 255 (2d Dept. 2010) (July 13, 2010). Certain defendants contended on this appeal that they were not liable under §240(1) because they were a prime contractor not in contractual privity with the plaintiff’s employer and were a construction manager. The court held that even though the defendant was not in contractual privity it was delegated a significant degree of authority to supervise and oversee onsite safety. The court reviewed the contract and onsite activity of the defendant and determined that it was a statutory agent and therefore liable under §240(1).
Practice Note: The court noted that the label of construction manager v. general contractor is not necessarily determinative, but the question is whether the construction manager was delegating supervisory control and authority over the work being performed when the plaintiff was injured.