While there is no evidence that the Transit Authority, the owner of the work site where plaintiff's decedent was allegedly injured, controlled or directed the manner of the decedent's work, such control or direction is not necessary to establish liability under Labor Law § 200 where the injury arises from the condition of the workplace created by or known to the owner, rather than the method used in performing the work (see
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GRIFFIN v. NEW YORK CITY TRANSIT AUTHORITY
16 A.D.3d 202 (2005)
791 N.Y.S.2d 98
JANICE GRIFFIN, Individually and as Administratrix of the Estate of BRUCE GRIFFIN, Deceased, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant and Third-Party Plaintiff-Appellant. T. MORIARTY & SONS, INC., Third-Party Defendant-Appellant. (And Another Action.)
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 15, 2005.
March 15, 2005.
Appellate Division of the Supreme Court of the State of New York, First Department.
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