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KERR v. ROCHESTER GAS & ELEC.

113 A.D.2d 412 (1985)

Renford Kerr et al., Respondents-Appellants, v. Rochester Gas and Electric Corp., Appellant-Respondent, and CH2M Hill New York, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 20, 1985

Attorney(s) appearing for the Case

Osborn, Considine, Reed, Van De Vate & Burke (John J. Considine, Jr., of counsel), for appellant-respondent.

Bernard Gastel for respondents-appellants.

Connors, Corcoran, Hall & Meyering (Eileen Buholtz of counsel), for respondent.

DOERR, J. P., O'DONNELL, PINE and SCHNEPP, JJ., concur.

BOOMER, J.

This appeal presents two questions concerning the liability imposed by Labor Law §§ 240 and 241: (1) is an owner and lessor of property who does not hire or control the contractor responsible under the statutes to a worker injured as a result of unsafe conditions at the construction site; and (2) under the facts presented, is an engineer, hired by the lessee to supervise the construction...

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