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BUTIGIAN v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY

266 A.D.2d 133 (1999)

699 N.Y.S.2d 41

MARK M. BUTIGIAN et al., Appellants, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY et al., Respondents. GUY CARPENTER & CO., INC., Third-Party Plaintiff, v. COMPUTERCOOL AIR CONDITIONING CORP., Third-Party Defendant. (And Another Third-Party Action.)

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

Decided November 30, 1999.

An issue of fact exists as to whether defendants failed to furnish plaintiff with proper protection in violation of Labor Law § 240 (1) (compare, Kijak v 330 Madison Ave. Corp., 251 A.D.2d 152). Plaintiff's claims under Labor Law § 200 were properly dismissed as against defendants owner and tenant of the worksite premises, there being no evidence that they exercised supervisory control over plaintiff's work (see, Comes...

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