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RODRIGUEZ v. GILBANE/TDX JOINT VENTURE

8997 8685/06 85470/06 85828/07.

102 A.D.3d 484 (2013)

958 N.Y.S.2d 130

2013 NY Slip Op 151

JOHN RODRIGUEZ, Appellant, v. GILBANE/TDX JOINT VENTURE et al., Respondents-Appellants, et al. Defendant. GILBANE/ TDX JOINT VENTURE et al., Third-Party Plaintiffs-Respondents-Appellants, et al., Third-Party Plaintiff, v. DIFAMA CONCRETE, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendant. GILBANE/TDX JOINT VENTURE et al., Second Third-Party Plaintiffs-Respondents-Appellants, et al., Second Third-Party Plaintiff, v. DFC STRUCTURES, LLC, Second Third-Party Defendant-Respondent, et al., Second Third-Party Defendant.

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

Decided January 15, 2013.

The IAS court correctly determined that the Gilbane/TDX defendants, as the construction manager, were not liable under the Labor Law for plaintiff's injuries, as the Gilbane/TDX defendants did not direct, control or supervise plaintiff's work. There is nothing in the record to indicate that the Gilbane/TDX defendants were other than the typical construction manager and therefore not the agent of the Dormitory Authority of New York, the owner of the building being built at...

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