N.Y. EML Law § 2

§ 2. Employers' liability for injuries. When personal injury is caused\nto an employee who is himself in the exercise of due care and diligence\nat the time:\n 1. By reason of any defect in the condition of the ways, works,\nmachinery, or plant, connected with or used in the business of the\nemployer which arose from or had not been discovered or remedied owing\nto the negligence of the employer or of any person in the service of the\nemployer and intrusted by him with the duty of seeing that the ways,\nworks, machinery, or plant, were in proper condition;\n 2. By reason of the negligence of any person in the service of the\nemployer intrusted with any superintendence or by reason of the\nnegligence of any person intrusted with authority to direct, control or\ncommand any employee in the performance of the duty of such employee,\nthe employee, or in case the injury results in death, the executor or\nadministrator of a deceased employee who has left him surviving a\nhusband, wife or next of kin, shall have the same right of compensation\nand remedies against the employer as if the employee had not been an\nemployee of nor in the service of the employer nor engaged in his work.\nThe provisions of law relating to actions for causing death by\nnegligence, so far as the same are consistent with this act, shall apply\nto an action brought by an executor or administrator of a deceased\nemployee, suing under the provisions of this article. If an employer\nenters into a contract, written or verbal, with an independent\ncontractor to do part of such employer's work, or if such contractor\nenters into a contract with a subcontractor to do all or any part of the\nwork comprised in such contractor's contract with the employer, such\ncontract or subcontract shall not bar the liability of the employer for\nthe injuries to the employees of such contractor or subcontractor,\ncaused by any defect in the condition of the ways, works, machinery, or\nplant, if they are the property of the employer or are furnished by him,\nand if such defect arose, or had not been discovered or remedied,\nthrough the negligence of the employer, or of some person intrusted by\nhim with the duty of seeing that they were in proper condition.\n