Palmer v. Butts

—Order unanimously affirmed with costs. Memorandum: On a prior appeal in this action, we stated that H. Robert Butts, as the owner of the property on which the accident occurred, “had a nondelegable duty under Labor Law § 240 (1) and § 241 (6) even though the property is subject to an easement that he granted to [third-party defendant] Niagara Mohawk [Power Corporation] and even though Butts did not exercise any supervision and control over the work being performed by plaintiff [Lonnie R. Palmer] or benefit from such work” (Palmer v Alltel N. Y., 227 AD2d 914, 915, lv denied 89 NY2d 805).…