2010 New York Code
EML - Employers' Liability
Article 2 - (2 - 15) EMPLOYERS' LIABILITY.
2 - Employers' liability for injuries.

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