We agree with the IAS Court that plaintiffs failed to come forward with any evidence to support their contention that defendant, a professional engineer, was under a duty to supervise or control the work site so as to be liable for plaintiff husband's injuries either under the Labor Law or in common law negligence as an agent of the State, the owner of the project.
As the IAS Court noted, a professional engineer can be held liable under Labor Law §§ 240...
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