| Coleman v URS Corp. |
| 2019 NY Slip Op 08484 [177 AD3d 529] |
| November 21, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Francis Coleman, Appellant, et al.,
Plaintiff, v URS Corporation et al., Respondents. |
Pollack, Pollack, Isaac & DeCicco, New York (Michael H. Zhu of counsel), for appellant.
Shaub, Ahmuty, Citrin & Spratt, LLP, New York (Jonathan P. Shaub of counsel), for respondents.
Judgment, Supreme Court, New York County (Erika M. Edwards, J.), entered October 5, 2017, to the extent appealed from as limited by the briefs, dismissing the complaint as against defendant URS Corporation-New York, unanimously affirmed, without costs.
The record demonstrates conclusively that defendant URS Corporation-New York, the program manager on the construction site where plaintiff was injured, did not have the authority to supervise and control the injury-producing work and was therefore not a statutory agent of the project owner or general contractor for purposes of the Labor Law (Santos v Condo 124 LLC, 161 AD3d 650, 653 [1st Dept 2018]; DaSilva v Haks Engrs., Architects & Land Surveyors, P.C., 125 AD3d 480, 481 [1st Dept 2015]). Concur—Richter, J.P., Manzanet-Daniels, Gische, Webber, Kern, JJ. [Prior Case History: 2017 NY Slip Op 31542(U).]