CANTARINO v. NEW YORK ZOOLOGICAL SOCIETY

Plaintiffs have failed to demonstrate how defendant's beneficial interest in the construction work being performed on the Elephant House at the Bronx Zoo translated into an "ownership" interest or other control over the worksite, for purposes of establishing liability under the Scaffold Act (Labor Law § 240). Defendant's interest in the project was, in accordance with its historic charter, as owner and protector of the animals, and conservator of the environs of the zoological park for the benefit of visitors to the zoo. Defendant never had, nor exercised, any control over daily progress at the worksite, or over the maintenance of proper safety practices for the construction workers there (Sweeting v. Board of Coop. Educ. Servs., 83 A.D.2d 103, 114, lv denied 56 N.Y.2d 503). Even the additional discovery sought by plaintiffs would not establish such control.

Concur — Asch, J.P., Kassal, Wallach and Rubin, JJ.