Blakev.Neighborhood Housing Services

Appellate Division of the Supreme Court of New York, First DepartmentJun 29, 1999
262 A.D.2d 244 (N.Y. App. Div. 1999)

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June 29, 1999.

Appeal from the Supreme Court, Bronx County (Alan Saks, J.).

The motion court properly denied plaintiff's cross motion for summary judgment as to liability upon his Labor Law § 240 Lab. (1) claim as against defendant NHS. The court also properly denied defendant NHS's motion for summary judgment dismissing the complaint, since a triable issue of fact exists as to whether defendant NHS directed, supervised, and controlled plaintiff's work, and may therefore be subject to liability under Labor Law § 200 Lab., and under Labor Law § 240 Lab.(1) and § 241 Lab.(6) as a statutory "agent" ( see, Russin v. Picciano Son, 54 N.Y.2d 311, 318; Bjelicic v. Lynned Realty Corp., 152 A.D.2d 151, 153, appeal dismissed 75 N.Y.2d 947).

Concur — Ellerin, P. J., Mazzarelli, Rubin, Andrias and Buckley, JJ.