Kappel v. Fisher Bros.

Memorandum. The order of the Appellate Division should be affirmed for the reasons stated by that court in its memorandum. (49 AD2d 578.) We add, however, that section 241 of the Labor Law was amended in 1969, nearly two and one-half years after the accident involved in this case and, as a result, it may no longer be necessary to establish, as plaintiff was required and failed to do here, that the building owner and general contractor actively controlled, directed or supervised the work. We also note that Kelly v Diesel Constr. Div. of Carl A. Morse, Inc. (35 NY2d 1), rélied upon by the…