July 3, 2007

Plaintiff was employed by a nonparty subcontractor at a construction site when, acting on his employer's instructions, he used a wood beam to support the jib of a crane, and was injured when the beam struck him. The Second Department dismissed the complaint against the general contractor, in McLeod v. Corporation of Presiding Bishop of Church of Jesus Christ of Latter Day Sts., which was decided on June 26, 2007. The court said that, to be liable under Labor Law § 200 or for common law negligence, a general contractor must have actually exercised supervision and control over the work performed at the site. Here, the court found only general supervisory authority for the purpose of overseeing the progress of the work and inspecting the work product, which is insufficient to impose liability.