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VILLANUEVA v. 80-81 & FIRST ASSOC.

1681, 308722/12.

141 A.D.3d 433 (2016)

33 N.Y.S.3d 895

CESAR VILLANUEVA, Appellant, v. 80-81 & FIRST ASSOCIATES et al., Respondents, et al., Defendant.

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

Decided July 7, 2016.

Defendant Standard Waterproofing Corp. established prima facie that it was not the owner or the general contractor or the statutory agent of either for the purposes of the Labor Law and that it did not supervise or control the injury-producing work (see Keenan v Simon Prop. Group, Inc., 106 A.D.3d 586, 589 [1st Dept 2013]). The evidence shows that Standard was, at most, a prime contractor, and therefore not liable under Labor Law...

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