SANTOS v. BRE/SWISS, LLC


9 A.D.3d 303 (2004)

780 N.Y.S.2d 585

JUAN JOSE SANTOS, Plaintiff, v. BRE/SWISS, LLC, Defendant, and 450 PARK AVENUE ASSOCIATES, LLC, Defendant and Third-Party Plaintiff-Appellant. A BEST CONTRACTING CO., INC., Third-Party Defendant-Respondent.

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

July 15, 2004.


Plaintiff alleges that, while employed, supervised, directed and controlled by third-party defendant A Best, he was injured in a construction accident on defendant's premises. An I-beam, which had been tied with a knot by employees of A Best and was being lowered to the ground where he was standing, fell on him when the knot came loose.

The motion court properly dismissed plaintiff's Labor Law § 200 claim upon its finding that defendant established that it neither...

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