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CASTELLANO v. ANN/NASSAU REALTY LLC

160655/14. 595498/15. Appeal No. 14682-14682A. Case Nos. 2020-02792, 2020-04919.

199 A.D.3d 558 (2021)

159 N.Y.S.3d 25

2021 NY Slip Op 06536

Teresa Castellano et al., Respondents, v. Ann/Nassau Realty LLC et al., Respondents-Appellants, and Park East Construction Corp., Appellant-Respondent/Third-Party Defendant-Appellant-Respondent, et al., Defendant. Ann/Nassau Realty LLC et al., Third-Party Plaintiffs-Respondents-Appellants.

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

Decided November 23, 2021.

Attorney(s) appearing for the Case

Law Office of James J. Toomey, New York ( Michael J. Kozoriz of counsel), for appellant-respondent.

Hannum Feretic Prendergast & Merlino, LLC, New York ( Douglas J. Domsky of counsel), for respondents-appellants.

Jonathan D. Agostino & Associates P.C., Staten Island ( Glen Devora of counsel), for respondents.

Concur—Acosta, P.J., Gische, Singh, Scarpulla, Mendez, JJ.

The negligence and Labor Law § 200 claims should be dismissed as against defendants ANR and BRF, the owner and general contractor of the project, respectively. ANR and BRF established prima facie that BRF did no more than general safety supervision at the work site and did not have supervisory control over the decedent's injury-producing work, namely unloading sheetrock from a truck onto a dolly (see Alonzo v Safe Harbors of the Hudson Hous. Dev. Fund Co., Inc.,<...

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