New York Court of Appeals

Timothy Walls, Respondents v. Turner Construction Company, Appellant, Defendant

May 5, 20054 N.Y.3d 861

Summary

The New York Court of Appeals affirmed the Appellate Division's summary judgment against Turner Construction, holding that Turner was a statutory agent of the school district under Labor Law § 240(1) because its contract gave it supervisory control over the work. The Court relied on the contractual duties, the absence of a general contractor, and precedent defining agency to the owner. A dissent argued that Turner was merely an advisory construction manager and should not be liable.