BRENNAN v. 42ND STREET DEVELOPMENT PROJECT, INC.


10 A.D.3d 302 (2004)

781 N.Y.S.2d 335

JOHN T. BRENNAN, Respondent, v. 42ND STREET DEVELOPMENT PROJECT, INC., et al., Defendants and Third-Party Plaintiffs-Appellants. M. O'CONNOR CONTRACTING CORP., Third-Party Defendant-Respondent. (And Another Action.)

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

Decided August 19, 2004.


Bovis's project engineer testified that Bovis had a representative of its own safety department on site whose duty was to observe the contractors and make sure they complied with all safety regulations mandated by the City of New York. If a contractor was not in compliance and failed to correct the situation after being informed by Bovis, Bovis could withhold the contractor's monthly payments. The safety representative coordinated weekly safety meetings, which all job site...

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