New York Court of Appeals

Peter P. Duda, Appellant v. John W. Rouse Construction Corp., Respondents

May 31, 197332 N.Y.2d 405

Summary

The New York Court of Appeals affirmed the Appellate Division's dismissal of the plaintiff's absolute liability claim under section 240 of the Labor Law. The court held that the general contractor did not employ or direct the plaintiff, and that a mere permissive permission to use scaffolding does not satisfy the statutory requirement of direction.