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MAZA v. UNIVERSITY AVENUE DEVELOPMENT CORPORATION

13 A.D.3d 65 (2004)

786 N.Y.S.2d 149

EMILIANO MAZA, Respondent, v. UNIVERSITY AVENUE DEVELOPMENT CORP. et al., Appellants. (And a Third-Party Action.)

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

December 2, 2004.

The general contractor was correctly found liable under Labor Law § 200 based on its employee's deposition testimony that it had authority to direct the various trades to clean up and had also directed its own employees to always keep the site clean (compare Hoelle v New York Equities, 258 A.D.2d 253 [1999]), and plaintiff's deposition testimony, not disputed, that construction debris had been present and continued to accumulate...

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