Hughes v. Tishman Construction Corp

In Hughes v. Tishman Construction Corp., 40 A.D.3d 305 (1st Dept. 2007), the Court stated that: "Where a claim under Labor law 200 is based upon alleged defects or dangers arising from a subcontractor's methods or materials, liability cannot be imposed on an owner or general contractor unless it is shown that it exercised some supervisory control over the work. It is well settled that an implicit precondition to the duty [to maintain a safe construction site] is that the party to be charged with that obligation have the authority to control the activity bringing about the injury to enable it to avoid or correct an unsafe condition . General supervisory authority is insufficient to constitute supervisory control; it must be demonstrated that the contractor controlled the manner in which the plaintiff performed his or her work, i.e., how the injury-producing work was performed."