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NAZARIO v. 222 BROADWAY, LLC

15498, 105608/11

135 A.D.3d 506 (2016)

23 N.Y.S.3d 192

2016 NY Slip Op 00251

JUSTIN NAZARIO, Appellant, v. 222 BROADWAY, LLC, et al., Respondents. 222 BROADWAY, LLC, et al., Third-Party Plaintiffs-Respondents, v. KNIGHT ELECTRICAL SERVICES CORP., Third-Party Defendant-Respondent-Appellant. (And Other Third-Party Actions.)

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

Decided January 14, 2016.

The motion court erred in dismissing the Labor Law § 240 (1) claim on the ground that third-party defendant (Knight) exclusively supervised and controlled plaintiff's work. "[O]wners or contractors not actually involved in construction can be held liable, regardless of whether they exercise supervision or control over the work" (Blake v Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280, 287 [2003] [internal quotation marks...

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