Bergstrom v. Plaza Construction

Order, Supreme Court, New York County (Ralph A. Boniello, III, J.), entered October 24, 2003, which, in an action by a construction worker for personal injuries allegedly caused by, inter alia, violations of Industrial Code (12 NYCRR) § 23-1.25, denied plaintiffs motion to set aside the verdict, unanimously affirmed, without costs.

Plaintiff argues that although the trial court’s charge correctly stated that under Labor Law § 241 (6) a site’s owner is vicariously liable for violations of the Industrial Code committed by subcontractors as well as the general contractor, in applying the law to…