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WAITKUS v. METROPOLITAN HOUSING PARTNERS

50 A.D.3d 260 (2008)

854 N.Y.S.2d 388

GERALD WAITKUS, Appellant, v. METROPOLITAN HOUSING PARTNERS, Defendant, and CARLISLE SOHO EAST TRUST, Respondent and Third-Party Plaintiff-Appellant. EXTERIOR ERECTING SYSTEMS, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided April 1, 2008.

Plaintiff's Labor Law § 200 claim raised no issue of fact as to whether defendants exercised supervisory control over the work site (Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 505 [1993]). The Labor Law § 241 (6) claims were also properly dismissed because Industrial Code (12 NYCRR) § 23-2.1 (a) (1) and § 23-1.7 (e) (2) do not apply to these facts. Even assuming, for the sake of argument, that the panels...

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