Ordered that the judgment is affirmed, with costs.
In this case, the defendant Barney Construction Co., Inc. (hereinafter the defendant), the construction manager of the subject project, was not a statutory agent of the owner pursuant to Labor Law § 240 (1). The evidence presented at the trial did not establish that the defendant had the authority to enforce the provisions of the contracts entered into by the owner with the project's prime contractors. Nor did...
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