Linzy v. Christa Construction, Inc.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting that part of the cross motion of defendants for summary judgment dismissing the complaint seeking damages under sections 200, 240 (1) and 241 (6) of the Labor Law based upon plaintiffs alleged breach of contract to procure insurance covering defendants as owner and general contractor. The record establishes that the subcontract agreement requiring such insurance was not in effect on the date of the accident. The court further erred in…