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CURTIS v. 37TH ST. ASSOCS.

198 A.D.2d 62 (1993)

603 N.Y.S.2d 438

Don Curtis et al., Respondents, v. 37th Street Associates et al., Respondents-Appellants, and Ryder Construction, Inc., Respondent and Third-Party Plaintiff-Respondent. Budget Alterations and Improvements, Inc., et al., Third-Party Defendants-Appellants-Respondents

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

November 9, 1993

Contrary to Budget's contention, Ryder's liability for plaintiff's damages was solely statutory pursuant to Labor Law § 240 (1). Indeed, there is no evidence which demonstrates that any of Ryder's employees were responsible for plaintiff's safety, supervision or direction at the worksite. Ryder's construction superintendent merely coordinated the subcontractors' activities and periodically checked the work to make sure that...

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