Singh v. Black Diamonds LLC

In Singh v. Black Diamonds LLC (24 AD3d 138 [1st Dept 2005]), the plaintiff was injured when he fell through an opening in a roof. He sued, among others, Bovis, the construction manager. The Court affirmed dismissal of the Labor Law 200 claim against Bovis, noting that "plaintiff never took orders from Bovis and that Bovis had no responsibility for overseeing the work performed by him or his employer." According to the Court, that Bovis's project superintendent conducted regular walk-throughs and, if he observed an unsafe condition, had the authority to find whoever was responsible for the condition and have them correct it or, if necessary, stop the work; that he discussed covering the subject hole in the roof with subcontractor Nastasi's representative; and that he had inspected the plywood in question after it had been nailed down over the hole, "simply indicates Bovis's general supervision and coordination of the work site and is insufficient to trigger liability."