Some say I’m a bit obsessed with the New York Court of Appeals’ decision in Walls v. Turner Construction Co.;  however, the decision can have quite an impact under certain circumstances.

That’s why the Appellate Division, Third Department’s recent decision in Adair v. BBL Construction Servs. caught my eye.  In Adair, the plaintiff commenced an action pursuant to Labor Law sec. 241(6) against the construction manager and a subcontractor that provided the cement truck  and equipment at a certain worksite.  He was injured why attempting to clean a pipeline that was being used to pour the cement. 

The Third Department upheld Supreme Court’s grant of summary judgment to the construction manager, holding that the construction manager had no contract with either the plaintiff’s employer or the subcontractor and did not control or supervise the concrete pour.  Notably, the Court was not persuaded that the construction manager’s insistence that the pour take place on the day of the accident, despite a mix-up with the original supplier raised a triable issue regarding the construction manager’s direction and control.  The Court observed that this evidence went along with the construction manager’s administrative duties.