MULLINS v. CENTER LINE STUDIOS, INC.

Index No. 152989/14. Appeal No. 13736. Case No. 2020-01341.

194 A.D.3d 421 (2021)

148 N.Y.S.3d 198

2021 NY Slip Op 02756

Timothy C. Mullins, Respondent-Appellant, v. Center Line Studios, Inc., Appellant-Respondent, New York Communications Center Associates, L.P., et al., Respondents, and NYC Production Core LLC, Respondent-Appellant. (And Other Third-Party Actions.).

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

Decided May 4, 2021.


Attorney(s) appearing for the Case

Morris Duffy Alonso & Faley, New York ( Iryna S. Krauchanka of counsel), for appellant-respondent.

Siegel & Coonerty, LLP, New York ( Steven Aripotch of counsel), for Timothy C. Mullins, respondent-appellant.

Law Office of James J. Toomey, New York ( Evy L. Kazansky of counsel), for NYC Production Core LLC, respondent-appellant.

Eustace, Marquez, Epstein, Prezioso & Yapchanyk, New York ( Maureen E. Peknic of counsel), for respondents.

Concur—Gische, J.P., Mazzarelli, Oing, González, JJ.


Center Line is entitled to summary judgment dismissing the Labor Law § 240(1) claim as against it, as it was not a statutory agent. The record is clear that it had no authority to supervise and control plaintiff's work (see Russin v Louis N. Picciano & Son, 54 N.Y.2d 311, 318 [1981]).

Center Line is also entitled to summary judgment dismissing the Labor Law § 200...

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