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MERINO v. CONTINENTAL TOWERS CONDOMINIUM

158411/12 5934A 5934.

159 A.D.3d 471 (2018)

72 N.Y.S.3d 59

2018 NY Slip Op 01549

PEDRO MERINO, Appellant-Respondent, et al., Plaintiff, v. CONTINENTAL TOWERS CONDOMINIUM et al., Respondents-Appellants.

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

Decided March 8, 2018.

The motion court erred in determining that Rose Associates is not an agent of defendant owner Continental Towers Condominium. Labor Law §§ 240 (1) and 241 (6) impose absolute liability on owners, contractors, and their agents for a statutory violation resulting in injury, regardless of whether they directed or controlled the work (Ragubir v Gibraltar Mgt. Co., Inc., 146 A.D.3d 563, 564 [1st Dept 2017]). Thus, the test of...

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