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DELOACH v. CITY OF NEW YORK

258 A.D.2d 384 (1999)

685 N.Y.S.2d 696

MAXINE DELOACH, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided February 23, 1999.

The IAS Court correctly held that although defendant City was not a party to the construction contract between plaintiff's employers and the State, it nevertheless should be deemed an "owner" of the site for purposes of the Labor Law, because it at all times shared concurrent responsibility with the State for the safety of this arterial highway and had the right to approve all of the plans, designs and specifications for its reconstruction...

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