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UMANZOR v. CHARLES HOFER PAINTING & WALLPAPERING, INC.

48 A.D.3d 553 (2008)

849 N.Y.S.2d 889

ERICK R. UMANZOR, Appellant, v. CHARLES HOFER PAINTING & WALLPAPERING, INC., Respondent, et al., Defendants. (And Third-Party Actions.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 13, 2008.

[48 A.D.3d 554]
Ordered that the amended interlocutory judgment is affirmed, with costs.

The defendant Charles Hofer Painting & Wallpapering, Inc., established its prima facie entitlement to judgment as a matter of law by submitting evidence that it was not an owner, contractor, or agent for purposes of liability under Labor Law § 240 (1) (see Labor Law § 240 [1]; Blake v Neighborhood Hous. Servs. of N.Y. City,<...

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