... shall comply therewith. N.Y. Lab. Law § 241(6) (2006) (emphasis added). The duty imposed under section 241(6) may not be delegated. See Ross, 601 N.Y.S.2d 49, 618 N.E.2d at 87. Thus, consideration of whether the defendant exercised control or supervision over the worksite is irrelevant. See id. However, because section 241(6) essentially provides for strict liability, courts are reluctant to extend such liability to mere lessees of property. Indeed, although lessees may be subject to liability under section 241(6), liability may not attach where the lessee is out of possession, does not contract for or supervise the work, and lacks any authority to control or direct the work which caused the injury. See Crespo v. Triad, Inc., 294 A.D.2d 145, 742 N.Y.S.2d 25, 29 (N.Y.App.Div.2002) (<HOLDING>) (citing Saaverda v. East Fordham Rd. Real
holding that neither a state agency nor its officials acting in their official capacities may be sued under section 1983 holding that where judgment was not entered the appeals period neither triggered nor expired holding that outofpossession lessee was not liable under section 2416 where it neither contracted for nor supervised the work holding that designation is neither a sentence nor a punishment holding that neither compensatory nor punitive damages are recoverable under section 17200