Russo v. Hudson View Gardens, Inc.
Cases that cite this one
1 later published case cites this decision.
- Depass v. Mercer Sq., LLC (Appellate Division of the Supreme Court of New York 2023)
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
The motion court properly declined to dismiss the Labor Law § 240 (1) and § 241 (6) claims. Triable issues of fact exist as to whether Midboro had the authority, pursuant to its agreement with Hudson, to supervise and control plaintiffs work for the purposes of liability under Labor Law § 240 (1) and § 241 (6) (see Voultepsis v Gumley-Haft-Klierer, Inc., 60 AD3d 524, 525 [2009] ; see also Fox v Brozman-Archer Realty Servs., 266 AD2d 97, 98-99 [1999]).
Under the circumstances presented, we decline to search the record and reach a determination on the merits of the Labor Law § 240 (1) and § 241 (6) causes of action. Concur — Mazzarelli, J.P, Saxe, Catterson, Acosta and Román, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.