WILLIAMS v. Ben Flis and Bronislow Flis, Defendants-Respondents. (2005)

Plaintiff commenced this action to recover damages for injuries he sustained when the scaffolding on which he was standing collapsed as he was installing vinyl soffit on a two-family residence owned by defendant Alicia Maloziec.   Supreme Court properly granted that part of the motion of Maloziec's stepfather, defendant Ben Flis, also known as Bronislow Flis, seeking summary judgment dismissing the claims alleging the violation of Labor Law § 240(1) and § 241(6) against him.   Flis established that he did not have the authority to supervise and control the work resulting in plaintiff's injury, and he is thus not liable as an agent of the owner or as general contractor (see Murray v. South End Improvement Corp., 263 A.D.2d 577, 577-578, 693 N.Y.S.2d 264;  Currie v. Scott Contr. Corp., 203 A.D.2d 825, 826, 611 N.Y.S.2d 360, lv. denied 84 N.Y.2d 977, 622 N.Y.S.2d 916, 647 N.E.2d 122;  cf. Fisher v. Coghlan, 8 A.D.3d 974, 976, 778 N.Y.S.2d 812, lv. dismissed 3 N.Y.3d 702, 785 N.Y.S.2d 28, 818 N.E.2d 670).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: