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BRYAN v. SWETT

241 A.D.2d 335 (1997)

660 N.Y.S.2d 5

Clinton Bryan, Respondent, v. Bradford N. Swett, Appellant and Third-Party Plaintiff-Respondent. Dinaco Construction and Rehabilitation Co., Inc., Third-Party Defendant-Appellant

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

July 1, 1997

Plaintiff's Labor Law §§ 200 and 241 (6) claims should have been dismissed as a matter of law based on his concession that the owner exercised no supervisory control over the job site and his failure to allege a violation of any specific provision of the Industrial Code (Comes v New York State Elec. & Gas Corp., 82 N.Y.2d 876, 877, 878). While the deposition testimony of the...

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