The court properly denied that part of the cross motion seeking dismissal of plaintiff's Labor Law § 200 and common-law negligence claims. There are issues of fact as to whether the accident was caused in whole or part by Rockledge's failure properly to construct the scaffolding from which plaintiff fell. That Rockledge was not plaintiff's supervisor and did not supervise his work does not preclude a finding of liability against it on a common-law theory if it is found...
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