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ORDONEZ v. ONE CITY BLOCK, LLC

Index No. 161328/15. Appeal No. 13007. Case No. 2020-00604.

191 A.D.3d 412 (2021)

137 N.Y.S.3d 693

2021 NY Slip Op 00529

Carlos Ordonez et al., Appellants-Respondents, v. One City Block, LLC, et al., Respondents, and Waldorf Holding Corporation et al., Respondents-Appellants. W5 Group LLC, Doing Business as Waldorf Demolition, Third-Party Plaintiff-Respondent-Appellant, v. Calvin Maintenance, Third-Party Defendant-Respondent.

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

Decided February 2, 2021.

Attorney(s) appearing for the Case

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York ( Christopher J. Donadio of counsel), for appellants-respondents.

Lewis, Brisbois, Bisgaard & Smith, LLP, New York ( Meredith Drucker Nolen of counsel), for respondents-appellants.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for defendants-respondents.

Concur—Renwick, J.P., Webber, González, Scarpulla, JJ.

Defendants Taconic and W5 are subject to vicarious liability under Labor Law § 240(1) as statutory agents of defendant One City Block, the owner of the construction site, since it is undisputed that they had the authority to supervise and control the work that brought about plaintiff Carlos Ordonez's injury (Walls v Turner Constr. Co., 4 N.Y.3d 861, 863-864 [2005]; Merino v Continental Towers Condominium,

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