Doreen Ellen Winkler, Respondent,
v.
Halmar International, LLC, et al., Appellants-Respondents,
Haks Group, Inc., et al., Respondents, and
City of New York et al., Respondents-Appellants.
City of New York et al., Third-Party Plaintiffs-Respondents-Appellants,
v.
Precision Concrete Pumping, Inc., Third-Party Defendant. (And a Second-Third Party Action.)
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 23, 2021.
Decided November 23, 2021.
Attorney(s) appearing for the Case
Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success ( Jonathan P. Shaub of counsel), for appellants-respondents.
Cerussi & Spring, P.C., White Plains ( Christopher Roberta of counsel), respondents-appellants.
Arye, Lustig & Sassower, P.C., New York ( D. Carl Lustig, III of counsel), for Doreen Ellen Winkler, respondent.
Byrne & O'Neill, LLP, New York ( Elaine C. Gangel of counsel), for Haks Group, Inc., Haks Engineers, Architects and Land Surveyors, P.C., respondents.
Donovan Hatem LLP, New York ( Scott Winikow of counsel), for JA Underground Professional Corporation, respondent.
Appellate Division of the Supreme Court of New York, First Department.
The record demonstrates as a matter of law that the City defendants were owners, within the meaning of Labor Law §§ 240(1) and 241(6), of a site in Maybrook, New York, selected for the construction of a concrete mockup of an aqueduct in preparation for the construction work on an aqueduct in Gardiner, New York, for which the City defendants had contracted. Although the City defendants were not title owners of the property...
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