Narrative Opinion Summary
In a personal injury case, defendants Minnow Associates, Daniel Miller, Judy Miller, and Gerald Miller appeal an order from the Supreme Court of Kings County that granted the plaintiff's motion for summary judgment on liability under Labor Law § 240(1). The plaintiff sustained injuries after falling from a four-story building during work for S.H. Construction, with Metropolitan 298-308 Associates, Inc. as the building owner and Minnow Associates as the managing agent. The appellants, who are partners in Minnow, argue they should not be held liable as they did not exercise control over the plaintiff's work. However, the court clarified that liability under Labor Law § 240(1) hinges on whether the party had the right to control the work, not whether they exercised that control. The evidence supported that the appellants had the right to control the plaintiff's work, leading to the affirmation of the Supreme Court's order granting summary judgment against them.
Legal Issues Addressed
Liability under Labor Law § 240(1)subscribe to see similar legal issues
Application: The court determined that liability under Labor Law § 240(1) is based on the right to control the work, regardless of whether that control was exercised.
Reasoning: The court clarified that liability under Labor Law § 240(1) hinges on whether the party had the right to control the work, not whether they exercised that control.
Summary Judgment in Personal Injury Casessubscribe to see similar legal issues
Application: The plaintiff's motion for summary judgment on liability was granted because the evidence demonstrated that the defendants had the right to control the work, affirming the lower court's decision.
Reasoning: The evidence supported that the appellants had the right to control the plaintiff's work, leading to the affirmation of the Supreme Court's order granting summary judgment against them.