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MILLER v. YESHIVA ZICHRON MAYIR GEDOLA

44 A.D.3d 1017 (2007)

845 N.Y.S.2d 109

BENZION MILLER et al., Respondents, v. YESHIVA ZICHRON MAYIR GEDOLA et al., Defendants, and DYNAMIC AIR FLOW MECHANICAL CORP., Appellant.

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

Decided October 30, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

A subcontractor will be held liable under Labor Law § 240 (1) where it has become an agent of the owner or general contractor (see Russin v Louis N. Picciano & Son, 54 N.Y.2d 311, 317-318 [1981]; Stevenson v Alfredo, 277 A.D.2d 218, 220 [2000]). Here, the plaintiffs established their prima facie entitlement...

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