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eBook details

• Title: Joseph Magrath v. J. Migliore Construction Co.
• Author : Supreme Court of New York
• Release Date : January 08, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

[139 A.D.2d 893 Page 893] Order modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Plaintiff
was seriously injured when he fell from an unfinished portion of a steel catwalk which was then under construction in a physical
education building on the campus of the State University of New York at Buffalo. ALP Steel Corporation was the subcontractor
responsible for miscellaneous steel fabrication including construction of the catwalk from which plaintiff fell. ALP moved
for summary judgment dismissing the complaint and cross claims against it, contending that it could not be held liable either
for common-law negligence or under the Labor Law. The court denied the motion and ALP appeals. Plaintiff cannot prevail in
his cause of action against ALP for violation of Labor Law § 240 (1) because he failed to submit evidence in admissible form
to establish that ALP had supervision and control over the activity which resulted in his injury (see, Russin v Picciano
Son, 54 N.Y.2d 311, 317-318; Fox v Jenny Eng'g Corp., 122 A.D.2d 532, affd 70 N.Y.2d 761; Kerr v Rochester Gas & Elec.
Corp., 113 A.D.2d 412).

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