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MARK M. BUTIGIAN, et al., Plaintiffs-Appellants, v. PORT AUTHORITY OF NEW YORK and NEW JERSEY, et al., Defendants-Respondents. GUY CARPENTER CO., INC., Third-Party Plaintiff,

An issue of fact exists as to whether defendants failed to furnish plaintiff with proper protection in violation of Labor Law § 240(1) compare, Kijak v. 330 Madison Ave. Corp., 251 A.D.2d 152). Plaintiff's claims under Labor Law § 200 were properly dismissed as against defendants owner and tenant of the work site premises, there being no evidence that they exercised supervisory control over plaintiff's work (see, Comes v. New York State Elec. Gas Corp., 82 N.Y.2d 876). However, they should not have been dismissed as against the construction manager, whose supervisor testified that it was responsible for removal of debris from the worksite, and there being an issue of fact as to whether, as plaintiff testified, the ladder slipped because of debris and water on the floor.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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BUTIGIAN v. PORT AUTHORITY OF N.Y. AND N.J
(Nov 30, 1999)