Ferluckaj v. Goldman Sachs & Co.

Tom, J.E,

dissents in part in a memorandum as follows: The issue dividing this Court is whether there is any basis under Labor Law § 240 (1) for imposing liability on a tenant because an employee of a cleaning service company, engaged by the building’s owner, sustained injury while performing work speci*430fied in the contract between the owner and the cleaning company. The tenant, defendant Goldman Sachs & Co., is a stranger to the contract, and the injured plaintiff has failed to provide any proof to establish that Goldman either contracted for, or exercised control over, the window cleaning…