FAVIA v. WEATHERBY CONSTRUCTION CORP.


26 A.D.3d 165 (2006)

808 N.Y.S.2d 675

GEORGIO FAVIA et al., Appellants, v. WEATHERBY CONSTRUCTION CORP. et al., Respondents, et al., Defendant.

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

February 2, 2006.


Plaintiff, a mason tender and bricklayer employed by nonparty Precise Construction, was purportedly injured when cement blocks from a newly completed wall fell on him at the construction site where he was working. The dismissal of his Labor Law § 200 claim as against the contractor and owner defendants was proper inasmuch as the proof raised no triable issue as to whether those defendants had supervision and control of the injury-producing work (see Rizzuto v. L.A...

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