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KEHOE v. SEGAL

272 A.D.2d 583 (2000)

709 N.Y.S.2d 817

JOHN F. KEHOE, Respondent, v. GEORGE SEGAL et al., Defendants and Third-Party Plaintiffs, and PAUL KELLOFF, Appellant. J.C. CONSTRUCTION MANAGEMENT CORPORATION, Third-Party Defendant.

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

Decided May 30, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

To hold a subcontractor or statutory agent of the owner or general contractor absolutely liable for violations of Labor Law §§ 240 and 241, there must be a showing that the subcontractor had the authority to supervise and control the work giving rise to these duties (see, Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 500; Russin v...

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