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  5. 181 A.D.2d 427 (1992)
 

BOVE v. NEW YORK CITY HOUS. AUTH.

181 A.D.2d 427 (1992)

Francesco Bove et al., Respondents, v. New York City Housing Authority, Respondent-Appellant and Third-Party Plaintiff-Appellant, and Zaffuto Construction Co., Inc., et al., Appellants-Respondents, et al., Defendants. Northeast Design Marble & Tile, Inc., Third-Party Defendant-Respondent

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

March 5, 1992

Plaintiff, an employee of Northeast, a tile installer, commenced this action under Labor Law § 241 (5) and (6) to recover damages for personal injuries sustained when he allegedly fell into an unguarded and unlit elevator shaft during the rehabilitation of premises owned by NYCHA.

The IAS court properly granted summary judgment against NYCHA, as the owner of premises has a nondelegable duty, irrespective of its control or supervision over a worksite (Allen...

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