Roberto Santiago, Plaintiff, v. 44 LLC (2018)

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Order, Supreme Court, New York County (Gerald Lebovits, J.), entered October 17, 2016, which, insofar as appealed from as limited by the briefs, granted the motion of defendant Tractel, Inc. for summary judgment dismissing plaintiff's Labor Law §§ 240(1) and 241(6) claims as against it, unanimously affirmed, without costs.

Plaintiff was injured when he slipped on debris while performing work in connection with the design, fabrication, and installation of a window washing system that had been subcontracted to Tractel as part of the construction of a building.  Since the debris removal giving rise to plaintiff's injury was not within the scope of authority or work delegated to Tractel, it may not be liable to plaintiff under Labor Law §§ 240(1) or 241(6) as a statutory agent of the general contractor, defendant Jeffrey M. Brown Associates, Inc. (Brown) (see Russin v. Louis N. Picciano & Son, 54 N.Y.2d 311, 317–318 [1981];  Nascimento v Bridgehampton Constr.  Corp., 86 AD3d 189, 193 [1st Dept 2011] ).

Pursuant to its contract with defendant owner 44 Lexington Associates, LLC (owner), Brown was responsible for maintaining the premises free of debris.  Brown and the owner point to nothing in Tractel's subcontract delegating such responsibility to it (compare Tuccillo v. Bovis Lend Lease, Inc., 101 AD3d 625, 628 [1st Dept 2012];  Nascimento at 193–194;  Everitt v. Nozkowski, 285 A.D.2d 442 [2d Dept 2001] ), and the record shows that Brown had laborers present on the day of plaintiff's accident performing debris removal.

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CLERK