Practice point: To be held liable under Labor Law § 200 for injuries arising from the manner in which work is performed, a defendant must have the authority to exercise supervision and control over the work. For statutory purposes, a defendant has the authority to supervise or control the work when the defendant bears the responsibility for the manner in which the work is performed. Mere general supervisory authority at a work site for the purpose of overseeing the progress of the work and inspecting the work product is insufficient to impose liability under the statute.
Student note: If the challenged means and methods of the work are those of a subcontractor, and the owner or contractor exercises no supervisory control over the work, no liability attaches under Labor Law § 200 or the common law.
Case: Hernandez v. Pappco Holding Co., Ltd., NY Slip Op 01295 (2d Dep't 2016)
Here is the decision.
Monday's issue: The sufficiency of a notice of claim.