BLAKE v. NEIGHBORHOOD HOUSING SERVICES

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.