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SALSINHA v. MALCOLM PIRNIE, INC.

2969, 105106/07

76 A.D.3d 411 (2010)

906 N.Y.S.2d 532

RUI SALSINHA et al., Appellants, v. MALCOLM PIRNIE, INC., et al., Respondents.

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

Decided August 3, 2010.

Defendant Malcolm Pirnie, Inc. contends that, as the construction manager on the project, it cannot be held liable under Labor Law § 241 (6) (see Walls v Turner Constr. Co., 4 N.Y.3d 861, 863-864 [2005]). We find that whether Pirnie is subject to statutory liability in this case cannot be determined as a matter of law, in view of the terms of Pirnie's contract with defendant Department of Environmental Protection (DEP)...

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