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BONAERGE v. LEIGHTON HOUSE CONDOMINIUM

306511/09-83726/10, 16508, 16507, 16506.

134 A.D.3d 648 (2015)

22 N.Y.S.3d 52

2015 NY Slip Op 09632

LINARES BONAERGE, Respondent-Appellant, v. LEIGHTON HOUSE CONDOMINIUM et al., Respondents-Appellants, and INTEGRATED CONSTRUCTION SERVICES, INC., Respondent/Third-Party Plaintiff-Respondent, et al., Defendants. ROCKLEDGE SCAFFOLD CORP., Third-Party Defendant-Appellant-Respondent.

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

Decided December 29, 2015.

We do not reach plaintiff's unpreserved contention that the court erred in finding that Cooper could not be held liable under Labor Law §§ 240 (1) and 241 (6) since it was not a statutory agent, which "is not a purely legal issue apparent on the face of the record but requires for resolution facts not brought to [defendant's] attention on the motion" (Rodriguez v Coalition for Father Duffy, LLC, 112 A.D.3d 407, 408 [1st...

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