BERGSTROM v. PLAZA CONSTRUCTION


16 A.D.3d 256 (2005)

791 N.Y.S.2d 548

ANDREW BERGSTROM et al., Appellants, v. PLAZA CONSTRUCTION et al., Respondents.

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

March 22, 2005.


Plaintiff argues that although the trial court's charge correctly stated that under Labor Law § 241 (6) a site's owner is vicariously liable for violations of the Industrial Code committed by subcontractors as well as the general contractor, in applying the law to the facts, the charge erroneously limited his claim to one against the owner for Industrial Code violations committed by the general contractor. In fact, plaintiff argues, the evidence showed that it was subcontractors...

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