FRANK v. 1100 AVE. OF THE AMS. ASSOC.

156632/13-698 6033.

159 A.D.3d 537 (2018)

74 N.Y.S.3d 8

2018 NY Slip Op 01875

JAMES FRANK et al., Plaintiffs, v. 1100 AVENUE OF THE AMERICAS ASSOCIATES et al., Respondents, and STATEWIDE DEMOLITION CORP., Appellant.

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

Decided March 20, 2018.


The record shows that, pursuant to its contract with HBO, JT Magen was generally responsible for coordinating and scheduling subcontractors' work, and for site safety. Standing alone, this is not enough to impose liability in negligence on JT Magen for the injuries allegedly sustained by plaintiff, who was an employee of Hugh O'Kane Electric Co., one of JT Magen's subcontractors. Nor is there any evidence that JT Magen directly controlled the work of Statewide, the demolition...

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