MITCHELL JR. v. HOWE


303 A.D.2d 1001 (2003)

756 N.Y.S.2d 802

ALLEN M. MITCHELL, JR., et al., Respondents, v. DONALD HOWE, Doing Business as LEARN & PLAY CHILDCARE CENTER, et al., Respondents, and KIRST CONSTRUCTION, INC., Appellant.

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

Decided March 21, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of Kirst Construction, Inc. (defendant) for summary judgment dismissing the complaint and cross claims against it. Labor Law § 241 (6) "imposes liability upon a general contractor for the negligence of a subcontractor, even in the absence of control or supervision of the worksite" (Rizzuto...

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