OLIVERI v. CITY OF NEW YORK

2400, 109331/09, 590039/11.

146 A.D.3d 522 (2017)

2017 NY Slip Op 00237

44 N.Y.S.3d 447

SALVATORE OLIVERI et al., Respondents, v. CITY OF NEW YORK et al., Defendants, WDF INC. et al., Respondents, and ENVIRONMENTAL LABORATORIES INC., Appellant. (And a Third-Party Action.)

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

Decided January 12, 2017.


The motion court properly found a material question of fact as to whether ELI, the site safety consultant employed by plaintiff Salvatore Oliveri's employer, had supervisory control and authority over the work being done when plaintiff was injured, and can be held liable for plaintiff's injuries under the Labor Law as an agent of the owner or general contractor. ELI argues that at best it had only a general supervisory role that was not enough to establish agency (see...

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