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PERRINO v. ENTERGY NUCLEAR INDIAN POINT 3, LLC

48 A.D.3d 229 (2008)

850 N.Y.S.2d 428

ANTHONY PERRINO, Respondent, v. ENTERGY NUCLEAR INDIAN POINT 3, LLC, et al., Appellants.

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

Decided February 5, 2008.

Labor Law § 200 is a codification of the common-law duty imposed upon an owner or general contractor to provide construction workers with a safe work site (Comes v New York State Elec. & Gas Corp., 82 N.Y.2d 876, 877 [1993]). "An implicit precondition to this duty ... is that the party charged with that responsibility have the authority to control the activity bringing about the injury to enable it to avoid or correct an...

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