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FUTTERMAN v. RELA REALTY CORP.

283 A.D.2d 261 (2001)

724 N.Y.S.2d 310

HOWARD FUTTERMAN et al., Appellants, v. RELA REALTY CORP. et al., Respondents, et al., Defendant. RELA REALTY CORP., Third-Party Plaintiff-Respondent, v. PLV PLANT, INC., Third-Party Defendant-Respondent.

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

Decided May 17, 2001.

Plaintiff's remaining causes, for violation of Labor Law § 240 (1) and § 241 (6), were properly dismissed since plaintiff, not having been hired by the owner of the subject premises, a contractor, or an agent of the owner or contractor, does not fall within the class of those entitled to the protection of the cited Labor Law provisions (see, Mordkofsky v V.C.V. Dev. Corp., 76 N.Y.2d 573

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