Practice point: When the claim is based on alleged defects or dangers in the methods or materials used to perform the work, a plaintiff may recover against an owner or general contractor under § 200 only on a showing that the defendant had the authority to supervise or control the performance of the work.
Student note: General supervisory authority for the purpose of overseeing the progress of the work and inspecting the work product is insufficient to impose liability.
Case: Cabrera v. Revere Condominium, NY Slip Op 00320 (2d Dept. 2012).
Tomorrow’s issue: Power of attorney.
