WRIGHT v. NICHTER CONSTR. CO., INC.


213 A.D.2d 995 (1995)

624 N.Y.S.2d 487

Carnell Wright, Appellant, v. Nichter Construction Co., Inc., Respondent and Third-Party Plaintiff-Appellant. Allied Mechanical, Inc., et al., Third-Party Defendants-Respondents

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

March 17, 1995


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant's cross motion for summary judgment dismissing plaintiff's Labor Law §§ 200, 240 (1) and § 241 (6) causes of action. "An implicit precondition to [the duty imposed by Labor Law § 200] to provide a safe place to work is that the party charged with that responsibility have the authority to control the activity bringing about the injury to enable...

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