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WENK v. EXTELL W. 57TH ST. LLC

152492/14. Appeal No. 12378. Case No. 2020-01905.

188 A.D.3d 550 (2020)

136 N.Y.S.3d 11

2020 NY Slip Op 06733

Christopher Wenk, Respondent, v. Extell West 57th Street LLC et al., Defendants, and L. Martone & Sons Inc., Appellant.

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

Decided November 17, 2020.

The court properly determined that defendant-respondent L. Martone and Sons, Inc. was "statutory agent" for Labor Law § 200 purposes. The record establishes that it had been delegated the authority to control the activity which brought about the injury (Walls v Turner Constr. Co., 4 N.Y.3d 861, 863-864 [2005]; Santos v Condo 124 LLC, 161 A.D.3d 650, 653 [1st Dept 2018]). Its vice president...

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