Rajpaulsingh v Hidden Pond at Old Westbury, LLC

Holding The court affirmed the denial of summary judgment on common-law negligence and Labor Law § 200 claims because the defendant failed to establish it lacked the authority to supervise or control the work. However, the court reversed the grant of summary judgment on Labor Law §§ 240(1) and 241(6) claims, finding triable issues of fact regarding whether the construction manager acted as an agent of the owner or general contractor.

The court’s words

The defendant failed to eliminate triable issues of fact as to whether it had the authority to supervise or control the manner in which the decedent performed his work

2026 NY Slip Op 06337, at the official text

The plaintiff failed to eliminate triable issues of fact as to whether the defendant was an agent of the owner or general contractor with regard to the decedent's work

2026 NY Slip Op 06337, at the official text

The label given a defendant, whether 'construction manager' or 'general contractor,' is not determinative

2026 NY Slip Op 06337, at the official text