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TIGHE v. HENNEGAN CONSTRUCTION CO., INC.

48 A.D.3d 201 (2008)

850 N.Y.S.2d 417

PETER TIGHE, Respondent, v. HENNEGAN CONSTRUCTION CO., INC., et al., Appellants-Respondents, and LIBERTY CONTRACTING CORP., Respondent-Appellant, et al., Defendant.

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

Decided February 5, 2008.

Plaintiff's claims of common-law negligence and violations of Labor Law § 200 should have been dismissed as against Hennegan, the construction manager, because Hennegan did not exercise any control or supervision over the demolition work out of which the injury arose (see Singh v Black Diamonds LLC, 24 A.D.3d 138, 140 [2005]).

However, the claims were properly sustained as against Liberty, the demolition subcontractor...

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