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PACHECO v. KEW GARDEN HILLS APARMENT OWNERS, INC.

2845, 21309/03

73 A.D.3d 578 (2010)

906 N.Y.S.2d 3

JESUS PACHECO, Plaintiff, v. KEW GARDEN HILLS APARTMENT OWNERS, INC., Respondent, and HEADSON CONSTRUCTION, INC., Appellant, et al., Defendant.

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

Decided May 20, 2010.

Contrary to Headson's argument, the evidence does not demonstrate conclusively that plaintiff's injuries did not arise out of work delegated to Headson by the general contractor, thereby eliminating Headson's liability under Labor Law § 240 (1) and § 241 (6) as the general contractor's agent (see Russin v Louis N. Picciano & Son, 54 N.Y.2d 311, 317-318 [1981]; see also Carter v Vollmer Assoc., 

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