Lickers v. Albert Elia Building Co.

Order unanimously affirmed, with costs. Memorandum: High Steel Structures, Inc. was entitled to summary judgment dismissing this personal injury action under the Labor Law. It is undisputed that High Steel, the principal subcontractor, subcontracted erection of the structural steel to Whale Riggers and Erectors, Inc., Howard Dickers’ employer. Inasmuch as Dickers has asserted no facts to suggest that High Steel had authority to supervise and control either his activities or the work site, the complaint was properly dismissed against that defendant (see Russin v Picciano & Son, 54 NY2d 311,…