The Appellate Division affirmed the motion court dismissal of the complaint as against the defendant-supplier. The supplier established that it was not an agent of the owner under Labor Law § 241(6), since it did not have the authority to direct, supervise, or control the injury-producing work. Instead, it was merely the supplier of the allegedly defective mini-container, against whom liability under the Labor Law cannot be imposed.
Case: Ahern v. NYU Langone Med. Ctr., NY Slip Op 01264 (1st Dep't February 16, 2016)
Here is the decision.
Tomorrow's issue: The homeowner's exemption under the Labor Law.
