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FARINA v. PLAZA CONSTR. CO., INC.

238 A.D.2d 158 (1997)

655 N.Y.S.2d 952

Thomas Farina et al., Respondents, v. Plaza Construction Co., Inc., Respondent and Third-Party Plaintiff, and Alliance Capital Management L. P., Appellant. Lasher-White Carpet Co.'s, Inc., Third-Party Defendant-Respondent. (And a Fourth-Party Action.)

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

April 8, 1997

As the IAS Court found, a question of fact exists as to the extent of the respective responsibilities of the general contractor, Plaza Construction Co., and subcontractor, Lasher-White Carpet Co., for the supervision and control of plaintiff and of the worksite. However, it was established that the liability of Alliance Capital Management L. P., the lessee of the premises being renovated, under Labor Law § 241 (6), was only vicarious, and that it had no notice of any...

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