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DANIELS v. BOHN/FIORE, INC.

300 A.D.2d 341 (2002)

751 N.Y.S.2d 765

JOSEPH DANIELS, Plaintiff, v. BOHN/FIORE, INC., et al., Defendants, BED BATH AND BEYOND, Respondent, and 4518 ASSOCIATES (LTD PTSHP) et al., Appellants.

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

Decided December 9, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs to the respondent payable by the appellant.

As the owner and general managing agent of the subject building undergoing physical alterations, the appellants may be liable pursuant to Labor Law § 240 (1) and § 241 (6) once the plaintiff establishes violations thereof that proximately caused his injuries (see Otero v Cablevision of N.Y., 297 A.D.2d 632

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