Legal Opinion
Kittelstad v. Losco Group, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 2012PublishedCited by 5 opinions
1Opinion of the Court
Neither Jacobs nor Clean Air conclusively demonstrated that it was not a statutory agent of the property owner (the State) under Labor Law § 240 (1) and § 241 (6) (see Walls v Turner Constr. Co., 4 NY3d 861 [2005]; Barraco v First Lenox Terrace Assoc., 25 AD3d 427 [2006]). Jacobs contends that defendant Losco Group was the general contractor. However, that issue cannot be determined conclusively on this record. Indeed, there are indications in the project meeting minutes that Losco bore no responsibility for HVAC work. While Jacobs’s contract with the State did not contain an explicit agency…
2Cases cited8 opinions
- Walls v. Turner Construction CompanyNew York Court of Appeals · 2005
- Nascimento v. Bridgehampton Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Barraco v. First Lenox Terrace AssociatesAppellate Division of the Supreme Court of the State of New York · 2006
- Steering Committee v. Port Authority of New York & New JerseyNew York Court of Appeals · 1999
- Callan v. Structure Tone, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
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3Cited by5 opinions
- Nenadovic v. P.T. Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Britez v. Madison Park Owner, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Arias v. Recife Realty Co., N.V.Appellate Division of the Supreme Court of the State of New York · 2019
- Britez v. Madison Park Owner, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Chiappa v. Port Auth. of N.Y. & N.J.Appellate Division of the Supreme Court of the State of New York · 2026