Zuccelli v. City Construction Co.

The third-party plaintiffs conceded liability under section 200 of the Labor Law. There is no dispute as to the fact that such concession is not binding on the third-party defendant. If, in fact, and in law there was no such liability on the part of the third-party plaintiffs, then there is no basis for the judgment over against the third-party defendant. (Williams v. Rhode Island Corp., 281 App. Div. 618, 621.) We find that the place where the plaintiffs worked and where the accident occurred was not a place within the scope or meaning of section 200. The place was one created by plaintiffs'…