You are here: / / Knowledge of Dangerous Condition May Make Owner Liable Even Where Owner...
,

Knowledge of Dangerous Condition May Make Owner Liable Even Where Owner Exercises No Supervisory Control Over Contractor’s Operation.

The Fourth Department held: “ ‘It is settled law that where the alleged defect or dangerous condition arises from the contractor’s methods and the owner exercises no supervisory control over the operation, no liability attached to the owner under the common law or under section 200 of the Labor Law …’.  Defendant, however, may be liable for common-law negligence or the violation of Labor Law [section] 200 if it ‘had actual or constructive notice of the allegedly dangerous condition on the premises which caused the … plaintiff’s injuries, regardless of whether [it] supervised [plaintiff’s] work’ …”.  Ferguson vs Hanson Aggregates New York, Inc. 1460 CA 12-00596 Fourth Dept. 2-1-13

 

You might also like
Malpractice Action Against Pharmacy Dismissed; Applicable Standard of Care and Insufficiency of Expert Affidavit Explained
A COUNTY RECYCLING TRUCK IS NOT ENGAGED IN ROAD WORK AND THEREFORE IS NOT EXEMPT FROM THE RULES OF THE ROAD UNDER THE VEHICLE AND TRAFFIC LAW (FOURTH DEPT).
Failure to Serve Complaint Upon Demand Required Dismissal of the Action
DEFENDANT’S EMPLOYEE WAS NOT ACTING WITHIN THE SCOPE OF HIS EMPLOYMENT WHEN HE ARM-WRESTLED WITH PLAINTIFF; THEREFORE THE EMPLOYER WAS NOT LIABLE FOR THE ALLEGED INJURY TO PLAINTIFF UNDER A RESPONDEAT SUPERIOR THEORY (FOURTH DEPT).
DEFENDANT’S STARING AT THE POLICE FROM ACROSS THE ROAD DID NOT JUSTIFY THE INITIAL APPROACH BY THE POLICE, MOTION TO SUPPRESS SHOULD HAVE BEEN GRANTED AND INDICTMENT FOR POSSESSION OF A WEAPON SHOULD HAVE BEEN DISMISSED.
Determination Whether Defendant Is a Youthful Offender Is Mandatory for Every Eligible Youth
PEOPLE DID NOT DEMONSTRATE THE WARRANT WHICH WAS THE BASIS FOR DEFENDANT’S ARREST WAS VALID, THE PAT-DOWN SEARCH WAS NOT JUSTIFIED AS A SAFETY MEASURE, SEIZED DRUGS SHOULD HAVE BEEN SUPPRESSED.
Failure to Advise Non-Citizen Defendant of Deportation Consequences of Plea Required Remittal

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

“Open and Obvious” Nature of Defect Does Not Negate Duty to Keep Premises... A Shooting Victim’s Negligence and Public Nuisance Actions Against the Manufacturer,...