CALOGRIDES v. SPRING SCAFFOLDING, INC.

5882, 16464/06.

89 A.D.3d 434 (2011)

931 N.Y.S.2d 869

2011 NY Slip Op 7704

MICHAEL CALOGRIDES et al., Respondents, v. SPRING SCAFFOLDING, INC., Appellant, CALISTRO CONSTRUCTION CORP., Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided November 1, 2011.


As it is undisputed that Spring is not an owner or contractor or agent for the purposes of Labor Law § 240 (1) and § 241 (6), the causes of action under those Labor Law sections should be dismissed as against it (see Morales v Spring Scaffolding, Inc., 24 A.D.3d 42 [2005]). The Labor Law § 200 and common-law negligence claims should be dismissed as against Spring because there is no evidence that Spring's initial installation...

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