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MINORCZYK v. DORMITORY AUTHORITY OF THE STATE OF NEW YORK

3139, 102928/04, 3140, 591124/05, 3141, 3142.

74 A.D.3d 675 (2010)

904 N.Y.S.2d 383

EUGENIUSZ MINORCZYK et al., Appellants-Respondents, v. DORMITORY AUTHORITY OF THE STATE OF NEW YORK et al., Appellants-Respondents, and LIRO ENGINEERING AND CONSTRUCTION MANAGEMENT P.C., Respondent. CITY OF NEW YORK, Third-Party Plaintiff-Appellant-Respondent, v. INTER CONNECTION ELECTRIC, INC., Third-Party Defendant-Respondent.

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

Decided June 24, 2010.

Liro was "the eyes, ears, and voice of the owner," with complete supervisory authority over the project and specific duties with regard to safety, rendering it a statutory agent of the owner for purposes of Labor Law § 241 (6) (see Walls v Turner Constr. Co., 4 N.Y.3d 861, 864 [2005]).

Because the Labor Law § 200 and common-law negligence claims were based not on the injured plaintiff's employer's methods or...

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