McGUINNESS v. HERTZ CORPORATION


15 A.D.3d 160 (2005)

789 N.Y.S.2d 121

EDWARD McGUINNESS et al., Respondents, v. HERTZ CORPORATION et al., Respondents, and BARNEY SKANSKA CONSTRUCTION CO., Appellant and Third-Party Plaintiff-Appellant. MILLER DRUCK SPECIALTY CONTRACTING INC., Third-Party Defendant-Respondent.

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

February 1, 2005.


Plaintiffs concede that there is no Labor Law § 240 (1) claim here, in view of the absence of any elevation-related risk. Furthermore, there is no Labor Law § 200 liability, since the record evidence clearly establishes that the injured plaintiff himself, as foreman for his subcontractor employer, exercised direct supervisory control over the method and manner of performance of the specific operation in question, namely...

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