Thomas v. New York City Housing Authority

The plaintiff, employee of a wrecking firm which was demolishing a building, was injured when in the course of his work a wall not properly braced by his fellow employees fell upon him. He has sued the owner of the premises to recover for his injuries. The owner had not retained possession or control of the building, where the work was being done nor did it direct the contractor, the plaintiff’s employer, how .to do the work.

Komar v. Dun & Bradstreet Co. (284 App. Div. 538) stands in the way of the plaintiff’s recovery. That case held that section 240 of the Labor Law which imposes upon the…