DeNota v. 45 E. 85th St. Corp

In DeNota v. 45 E. 85th St. Corp., 163 Misc 2d 734 (NY Sup. Ct. 1995) the Court explained that the purpose of the Labor Law statute is to ensure that an injured worker has a recourse: "Labor Law 241 (6) provides a nondelegable duty on owners and contractors to provide reasonable and adequate protection according to the rules and regulations administratively specified ... The statutory purpose of affording protection to workers employed in construction, excavation or demolition is to provide a recourse to the workers regardless of the absence of control, supervision or direction of the work ... Under the circumstances, the court rejects the argument that defendant [cooperative corporation] 45 East 85th Street Corporation is not an owner for purposes of Labor Law 241(6) and its motion for summary judgment dismissing the Labor Law 241(6) cause of action against it is denied."