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WEAVER v. GOTHAM CONSTR. CO. LLC

8868, 300508/12.

171 A.D.3d 427 (2019)

95 N.Y.S.3d 529

2019 NY Slip Op 02473

Marvin Weaver, Appellant, v. Gotham Construction Company LLC et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided April 2, 2019.

Defendants established prima facie that they did not control the method and means of the work that plaintiff was performing when he was injured and that therefore they cannot be held liable under Labor Law § 200 or for common-law negligence (see Foley v Consolidated Edison Co. of N. Y., Inc., 84 A.D.3d 476 [1st Dept 2011]). Plaintiff testified that he was employed by third-party defendant, whose superintendent directed his work...

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