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KITTELSTAD v. LOSCO GROUP, INC.

6920, 6921, 113952/06, 591135/06, 6922.

92 A.D.3d 612 (2012)

939 N.Y.S.2d 382

2012 NY Slip Op 1503

ROBERT KITTELSTAD et al., Appellants-Respondents, v. LOSCO GROUP, INC., Defendant, CLEAN AIR QUALITY SERVICE, INC., Respondent-Appellant, and JACOBS FACILITIES INC., Respondent. CLEAN AIR QUALITY SERVICE, INC., Third-Party Plaintiff-Respondent-Appellant, v. CAMPBELL INSULATION CORP., Third-Party Defendant-Respondent.

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

Decided February 28, 2012.

Neither Jacobs nor Clean Air conclusively demonstrated that it was not a statutory agent of the property owner (the State) under Labor Law § 240 (1) and § 241 (6) (see Walls v Turner Constr. Co., 4 N.Y.3d 861 [2005]; Barraco v First Lenox Terrace Assoc., 25 A.D.3d 427 [2006]). Jacobs contends that defendant Losco Group was the general...

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