Gruter v. Lehrer McGovern Bovis, Inc.

—Judgment, Supreme Court, New York County (Franklin Weissberg, J., and a jury), entered June 16, 1999, insofar as appealed from, in favor of plaintiff laborer and against defendant-appellant construction manager, unanimously affirmed, without costs.

A fair interpretation of the evidence supports a finding that appellant actively supervised safety at the work site, and had the authority to correct the unsafe condition caused by the IV2 to 3-inch high planned concrete lip in the floor (see, Russin v Picciano & Son, 54 NY2d 311, 316-317). Such evidence includes appellant’s project…