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 order granting summary judgment against Turner Construction Company, 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 rejected Turner's argument that it was merely an advisory construction manager and that the plaintiff was a recalcitrant worker. Justice Smith dissented, arguing that Turner lacked the authority to supervise and should not be liable.