Salsinha v. Malcolm Pirnie, Inc.

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered April 1, 2009, which, to the extent appealed from as limited by the briefs, granted defendants’ motions for summary judgment dismissing plaintiffs Labor Law § 241 (6) and § 200 and common-law negligence claims, unanimously modified, on the law, to deny so much of the motion as sought to dismiss the Labor Law § 241 (6) cause of action, and otherwise affirmed, without costs.

Defendant Malcolm Pirnie, Inc. contends that, as the construction manager on the project, it cannot be held liable under Labor Law § 241 (6) (see Walls v…