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Brooks v. Harris Structural Steel

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1997
242 A.D.2d 653 (N.Y. App. Div. 1997)

Opinion

September 29, 1997

Appeal from the Supreme Court, Queens County (Golar, J.).


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court did not err in dismissing his claim that the defendant violated Labor Law § 241 (6). In the absence of any evidence that the defendant, which was responsible for manufacturing and delivering structural steel to the construction site, exercised any authority or control over the work site or the work giving rise to the plaintiff's injuries, the Supreme Court properly concluded that the defendant was not a statutory agent of either an owner or general contractor ( see, Russin v. Picciano Son, 54 N.Y.2d 311, 318; Barker v. Menard, 237 A.D.2d 839; D'Amico v. New York Racing Assn., 203 A.D.2d 509).

Thompson, J.P., Pizzuto, Friedmann and Krausman, JJ., concur.


Summaries of

Brooks v. Harris Structural Steel

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1997
242 A.D.2d 653 (N.Y. App. Div. 1997)
Case details for

Brooks v. Harris Structural Steel

Case Details

Full title:MICHAEL BROOKS, Appellant, v. HARRIS STRUCTURAL STEEL, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 29, 1997

Citations

242 A.D.2d 653 (N.Y. App. Div. 1997)
662 N.Y.S.2d 781

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