Oseguera v. Lincoln Properties LLC

Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered May 9, 2016, which, inter alia, denied defendant Azimuth Development Group, LLC’s motion for summary judgment dismissing the complaint and all cross claims against it, unanimously affirmed, without costs.

Defendant Azimuth established prima facie that it could not be held liable for the decedent’s injuries in common-law negligence or under Labor Law §§ 200, 240 (1), or 241 (6) by submitting evidence that it did not own the subject premises, was not the general contractor on the project, was not the agent of the owner or general…