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BEHAGAN v. L & L PAINTING CO., INC.

50 A.D.3d 403 (2008)

858 N.Y.S.2d 97

NORMAN BEHAGAN, Respondent, v. L & L PAINTING CO., INC., Appellant.

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

Decided April 10, 2008.

A subcontractor may be held liable for injury to an employee of the general contractor under certain circumstances (see generally Walls v Turner Constr. Co., 4 N.Y.3d 861 [2005]). There was ample evidence, in the form of plaintiff's deposition testimony and the L & L subcontract requirements, to raise an issue of fact whether defendant subcontractor had controlled, directed and supervised plaintiff's work in scraping steel as...

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