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WILLIS v. PLAZA CONSTRUCTION CORP.

4273. 8549/07. 83920/08.

151 A.D.3d 568 (2017)

2017 NY Slip Op 04903

54 N.Y.S.3d 281

NOEL WILLIS, Respondent, v. PLAZA CONSTRUCTION CORP. et al., Appellants. (And a Third-Party Action.)

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

Decided June 15, 2017.

The motion court erred in denying defendants' motion as to the Labor Law § 200 and common-law negligence claims, because the construction accident — that is, the bursting of a hose pouring liquid cement — arose out of the means and methods of plaintiff's work, and there was no evidence that defendants actually controlled or exercised supervisory authority over how plaintiff performed that work (see Alonzo...

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