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ALFONSECA v. VAN-TAG CONSTRUCTION CORPORATION

39 A.D.3d 266 (2007)

833 N.Y.S.2d 458

EFRAIN ALFONSECA, Appellant, v. VAN-TAG CONSTRUCTION CORPORATION et al., Respondents, et al., Defendants. (And Other Actions.)

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

Decided April 5, 2007.

Owners, contractors and their agents can be liable under Labor Law § 200 (1) only if they had the authority to control the activity bringing about the injury, so as to be able to avoid or correct the unsafe condition (see e.g. Lombardi v Stout, 80 N.Y.2d 290 [1992]). The language of the respective construction contracts does not subject these defendants to liability here (see Espinal...

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