The statute imposes a nondelegable duty upon owners, general contractors, and their agents to provide proper protection to persons working upon elevated structures. To be considered a statutory agent, the subcontractor must have been delegated the supervision and control over the work or the work area which gave rise to the aleged injury. A subcontractor who is a statutory agent may not escape liability by delegating the work to another entity.
White v. 31-01 Steinway, LLC, NY Slip Op 04279 (1st Dep't June 12, 2018)
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