In Hutchinson v. City of New York, the Appellate Division, First Department addresses if a party constitutes a statutory agent under Labor Law sec. 240(1) in the wake of the New York Court of Appeals’ decision in Walls v. Turner Construction Co.  The First Department held that the consultant did not constitute a statutory agent where a general contractor was hired and State-employed engineer; the consultant reported to both the general contract and State-employed engineer.  The Court observed that unlike the party in Walls, the consultant here had no supervisory powers and could not stop work at the construction site if dangerous activity existed.