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RUPERT BLAKE et al., Respondents-Appellants, v. NEIGHBORHOOD HOUSING SERVICES OF NEW YORK CITY, INC., Appellant-Respondent, et al., Defendant. (And Other Actions.)

The motion court properly denied plaintiff's cross motion for summary judgment as to liability upon his Labor Law § 240 Lab. (1) claim as against defendant NHS. The court also properly denied defendant NHS's motion for summary judgment dismissing the complaint, since a triable issue of fact exists as to whether defendant NHS directed, supervised, and controlled plaintiff's work, and may therefore be subject to liability under Labor Law § 200 Lab., and under Labor Law § 240 Lab.(1) and § 241 Lab.(6) as a statutory "agent" ( see, Russin v. Picciano Son, 54 N.Y.2d 311, 318; Bjelicic v. Lynned Realty Corp., 152 A.D.2d 151, 153, appeal dismissed 75 N.Y.2d 947).

Concur — Ellerin, P. J., Mazzarelli, Rubin, Andrias and Buckley, JJ.

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BLAKE v. NEIGHBORHOOD HOUSING SERVICES
(Jun 29, 1999)