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CEBALLOS v. KAUFMAN

249 A.D.2d 40 (1998)

671 N.Y.S.2d 229

Francisco Ceballos, Appellant, v. George Kaufman et al., Respondents and Third-Party Plaintiffs-Respondents. Time Warner Cable of New York City et al., Third-Party Defendants-Respondents

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

April 7, 1998

To recover from defendants in their capacity as owners pursuant to Labor Law §§ 240 or 241, it would, under the circumstances of this case, have been necessary for plaintiff to establish that he had been employed by defendants or their agent (see, Brown v Christopher St. Owners Corp., 211 A.D.2d 441, 442, affd 87 N.Y.2d 938). It is clear, however, that none of defendants...

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