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Chang Zhang Zou, Plaintiff-Appellant v. 122 Development

New York Supreme and/or Appellate Courts Appellate Division, First Department


February 21, 2013

CHANG ZHANG ZOU, PLAINTIFF-APPELLANT,
v.
122 DEVELOPMENT, LLC, DEFENDANT, MATRIX CONSTRUCTION SERVICES, INC., DEFENDANT-RESPONDENT.

Chang Zhang Zou v 122 Dev., LLC

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 21, 2013

Mazzarelli, J.P., Friedman, Renwick, Freedman, JJ.

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered June 8, 2011, which, to the extent appealed from as limited by the briefs, granted the motion of defendant Matrix Construction Services, Inc. (Matrix) for summary judgment dismissing the Labor Law § 240(1) and § 241(6) claims as against it, unanimously affirmed, without costs.

The evidence establishes that Matrix was not a general contractor with supervisory authority and control over plaintiff's work. Accordingly, it cannot be held liable for plaintiff's injuries under Labor Law § 240(1) or § 241(6) (see Russin v Louis N. Picciano & Son, 54 NY2d 311 [1981]; Aversano v JWH Contr., LLC, 37 AD3d 745 [2d Dept 2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 21, 2013

CLERK

20130221

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