In Brogan v. International Business Machines Corp. (157 AD2d 76 [3d Dept 1990]) plaintiff was injured in the course of his employment wherein his employer, C.B. Strain and Company, was engaged to install certain deionization tanks for IBM. The Third Department held that there was sufficient evidence to create an issue of fact as to whether defendant had assumed control over the safety conditions affecting C.B. Strain and Company's employees, thus giving rise to liability under Labor Law 200. IBM's representatives were present as the tanks were being loaded, including IBM's project coordinator, who testified at a deposition that he was there to "make sure the hard hats were being worn, the types of straps being utilized, and their procedure on lifting the piece of equipment to the truck." Additionally, IBM's safety technician testified that he had the authority to stop the work if, in his opinion, it was not being carried on in a safe manner. The Appellate Division, Third Department, in finding the Labor Law applicable, stated: "IBM urges that all of plaintiff's causes of action under the Labor Law should have been dismissed because he was not injured at the work site where the construction, if any, was to take place, i.e., the actual point of installation of the tanks in building 322; instead, the accident occurred on a roadway some distance from the work site during the course of delivery of materials. But, as is now fully established, the lack of proximity between the place of accident and the precise location of construction is not dispositive against Labor Law liability for injuries to workers handling construction materials and equipment. In the instant case, the accident occurred on IBM's property, the tanks were being moved only from one point to another in the building where the construction was taking place after delivery by the supplier, the circuitous route taken was only for logistical reasons and the activity out of which the accident arose was an expressly integral part of the construction contract. Under these circumstances, liability under Labor Laws 200, 240(1) and 241(6) is not excluded. The particular work being performed at the time of the accident was part of the construction in that it was on IBM's property, necessitated by and incidental to the construction, and involved materials being readied for use in connection therewith." The Court reasoned: "Plaintiff submitted evidentiary proof in admissible form that several of IBM's representatives were present as the tanks were being loaded, including IBM's project coordinator, who testified at a deposition that he was there to "make sure the hard hats were being worn, the types of straps being utilized, and their procedure on lifting the piece of equipment to the truck". Additionally, IBM's safety technician testified that he had the authority to stop the work if, in his opinion, it was not being carried on in a safe manner. This evidence was sufficient to create an issue of fact as to whether IBM had assumed control over the safety conditions affecting Strain's employees, thus giving rise to liability under Labor Law 200."