LOIS v. FLINTLOCK CONSTRUCTION SERVICES LLC

380, 304208/09, 83755/10, 84082/13.

137 A.D.3d 446 (2016)

27 N.Y.S.3d 120

2016 NY Slip Op 01555

JORGE LOIS, Respondent, v. FLINTLOCK CONSTRUCTION SERVICES, LLC, et al., Appellants. FLINTLOCK CONSTRUCTION SERVICES, LLC, et al., Third-Party Plaintiffs-Respondents, v. J&R GLASSWORKS, INC., Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

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

Decided March 3, 2016.


The court properly denied defendants' motion for summary judgment dismissing the Labor Law § 241 (6) claim, rejecting their arguments that defendants, Bass Associates, LLC (Bass) and Flintlock Construction Services, LLC (Flintlock), were not the owner and general contractor, respectively, for purposes of the statute. Plaintiff allegedly slipped and/or tripped on a plastic tarp and broken concrete on the floor, causing him to

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