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FERLUCKAJ v. GOLDMAN SACHS & CO.

12 N.Y.3d 316 (2009)

MILIHA FERLUCKAJ, Respondent, v. GOLDMAN SACHS & CO., Appellant, et al., Defendant. GOLDMAN SACHS & CO., Third-Party Plaintiff, v. AMERICAN BUILDING MAINTENANCE CO., Third-Party Defendant.

Court of Appeals of New York.

Decided April 2, 2009.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York City (Christine Bernstock of counsel), for appellant and third-party plaintiff.

Michael J. Gaffney, Staten Island, for respondent.

Thomas J. Maroney, Jericho, Fiedelman & McGaw (Andrew Zajac and Dawn C. DeSimone of counsel), Rona L. Platt, Uniondale, and Brendan T. Fitzpatrick, Albertson, for Defense Association of New York, Inc., amicus curiae.

Judges GRAFFEO, READ and JONES concur with Judge SMITH; Judge PIGOTT dissents and votes to affirm in a separate opinion in which Chief Judge LIPPMAN and Judge CIPARICK concur.

OPINION OF THE COURT

SMITH, J.

Plaintiff fell off a desk on which she was standing while cleaning the inside of an office building window, in space leased to defendant Goldman Sachs & Co. We hold that, because uncontroverted evidence shows that Goldman did not hire plaintiff's employer to clean the window and that Goldman exercised no control over plaintiff's work, Goldman is not liable to plaintiff under Labor Law § 240 (1). Supreme Court and the...

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