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NY Appellate Court: Contractor Denied SJ Because Contract Assumed Responsibility For Safety

September 15, 2009

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In <i>Paljevic v. 998 Fifth Ave. Corp</i>., LICO was a contractor working on the renovation of a 17-room apartment. LICO's contract specifically excluded painting. The plaintiff, a painter, was injured in a fall from an A-frame ladder while he was painting the kitchen. The Supreme Court granted LICO's motion for summary judgment concluding that LICO bore no liability as a contractor under Labor Law § 240(1) because it did not supervise or control the plaintiff's work. The Appellate Division reversed noting that LICO's contract required it to provide reasonable protection to prevent injury to "employees on the Work and other persons who may be affected thereby." Accordingly, although LICO did not supervise the plaintiff's work, they assumed responsibility for the plaintiff's workplace safety.
Thanks to Bill Kirrane for his contribution to this post.
<a href="http://www.nycourts.gov/reporter/3dseries/2009/2009_06386.htm">http://www.nycourts.gov/reporter/3dseries/2009/2009_06386.htm</a>

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