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HUTCHINSON v. CITY OF NEW YORK

18 A.D.3d 370 (2005)

795 N.Y.S.2d 554

PAULINE HUTCHINSON et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and HAKS ENGINEERS, P.C., Appellant. (And a Third-Party Action.)

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

May 26, 2005.

Haks's obligation under its consulting contract with the State Department of Transportation to, inter alia, "inspect the work of the contractor involving the maintenance and protection of traffic requirements of the contract" raises no issues of fact as to its liability under Labor Law § 240 (1) and § 241 (6). Unlike Walls v Turner Constr. Co. (4 N.Y.3d 861 [2005]), there are no contractual terms creating a statutory agency...

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