IULIANI v. GREAT NECK SEWER DIST.


38 N.Y.2d 885 (1976)

Robert Iuliani et al., Appellants, v. Great Neck Sewer District, Defendant-Respondent and Third-Party Plaintiff. Bancker Construction Corp., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided February 12, 1976.


Attorney(s) appearing for the Case

Thomas R. Newman, Joseph A. Jacobson and Benjamin H. Siff for appellants.

Morris Zweibel and Harold V. McCoy for defendant-respondent.

William F. McNulty, A. Allen Stanger and Anthony J. McNulty for third-party defendant-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM

Upon the proof submitted to the trial court the complaint was properly dismissed.

Section 241 of the Labor Law imposes a nondelegable duty on the general contractor or owner to provide a safe place to work. However, he is not responsible for injuries caused by the negligent acts of subcontractors when he — the owner or general contractor — has exercised no control or supervision of the work...

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