Nienajadlo v. Infomart New York, LLC
Cases that cite this one
7 later published cases cite this decision.
- Magestic Fine Custom Home (Appellate Division of the Supreme Court of New York 2014)
- Magestic Fine Custom Home (Appellate Division of the Supreme Court of New York 2014)
- Yearwood v. Post Park, LLC (Appellate Division of the Supreme Court of New York 2012)
- Castellon v. Reinsberg (Appellate Division of the Supreme Court of New York 2011)
- Tilford v. Sweet Home Real Property Trust (Appellate Division of the Supreme Court of New York 2007)
- Fisher v. Hart (Appellate Division of the Supreme Court of New York 2006)
- Lijo v. City of New York (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Liability for violations of Labor Law § 240 (1) and § 241 (6) may be imposed against contractors and owners, as well as parties who have been delegated the authority to supervise and control the work such that they become statutory agents of the owners and contractors (see Russin v Picciano & Son, 54 NY2d 311 [1981]). A “construction manager charged with the duty of co-ordinating all aspects of a construction project is a contractor with nondelegable duties under sections 240 and 241 of the Labor Law” (Kenny v Fuller Co., 87 AD2d 183, 190 [1982]).
The defendant, Tishman Technologies (hereinafter Tishman), which was hired by the owner of a building as the construction manager of a renovation project, failed to establish its prima facie entitlement to judgment as a matter of law on the plaintiffs causes of action to recover damages for violations of Labor Law § 240 (1) and § 241 (6). The agreement between Tishman and the owner gave Tishman many of the powers of a general contractor. Therefore, there is a triable issue of fact as to whether Tishman was, in fact, a general contractor or agent of the owner, and it was not entitled to summary judgment on the causes of action alleging violations of Labor Law § 240 (1) and § 241 (6) (see Walls v Turner Constr. Co., 4 NY3d 862 [2005]; Aranda v Park E. Constr., 4 AD3d 315 [2004]; Kenny v Fuller Co., supra). Ritter, J.P., Goldstein, Luciano and Lifson, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.