You are here: / / PLAINTIFF NEED NOT BE ENGAGED IN CONSTRUCTION WORK TO BRING A LABOR LAW...

PLAINTIFF NEED NOT BE ENGAGED IN CONSTRUCTION WORK TO BRING A LABOR LAW 200 CAUSE OF ACTION ALLEGING INJURY CAUSED BY A DANGEROUS CONDTION.

The Second Department determined plaintiff’s Labor Law 200 cause of action should not have been dismissed. Plaintiff was working for a mover, moving items out of a basement when he fell into a hole which had been dug for soil samples in anticipation of construction. Labor Law 200 was applicable, even though plaintiff was not engaged in construction work:

Where, as here, “a plaintiff’s injuries stem not from the manner in which the work was being performed, but, rather, from a dangerous condition on the premises, a general contractor may be liable in common-law negligence and under Labor Law § 200 only if it had control over the work site and either created the dangerous condition or had actual or constructive notice of it” … . [The general contractor] failed to establish, prima facie, that it did not have control over the work site, or that it did not create or have actual or constructive notice of the alleged dangerous condition … . Rocha v GRT Constr. of N.Y., 2016 NY Slip Op 08555, 2nd Dept 12-21-16

LABOR LAW-CONSTRUCTION LAW (PLAINTIFF NEED NOT BE ENGAGED IN CONSTRUCTION WORK TO BRING A LABOR LAW 200 CAUSE OF ACTION ALLEGING INJURY CAUSED BY A DANGEROUS CONDTION)/DANGEROUS CONDITION (LABOR LAW 200, PLAINTIFF NEED NOT BE ENGAGED IN CONSTRUCTION WORK TO BRING A LABOR LAW 200 CAUSE OF ACTION ALLEGING INJURY CAUSED BY A DANGEROUS CONDTION)

You might also like
BURDENS OF PROOF FOR MOTION TO CHANGE VENUE EXPLAINED; CRITERIA FOR RAISING AN ISSUE FOR THE FIRST TIME ON APPEAL EXPLAINED.
COUNTY COURT SHOULD NOT HAVE DENIED THE REQUEST FOR A CROSS-RACIAL IDENTIFICATION JURY INSTRUCTION, THE COURT OF APPEALS CROSS-RACIAL IDENTIFICATION RULING IN PEOPLE V BOONE APPLIES RETROACTIVELY, HOWEVER THE ERROR WAS HARMLESS (SECOND DEPT).
Assault by Another Student—Question Whether School District Had Notice of Dangerous Conduct Precluded Summary Judgment to Plaintiff
ACTION ALLEGING INJURY FROM A FALLING TREE ON DEFENDANT’S PROPERTY SHOULD HAVE BEEN DISMISSED, DEFENDANT DEMONSTRATED A LACK OF NOTICE OF THE CONDITION OF THE TREE (SECOND DEPT).
AMENDMENT OF THE INDICTMENT ON THE EVE OF TRIAL CHANGED THE THEORY OF PROSECUTION FROM ACTUAL POSSESSION OF A WEAPON TO CONSTRUCTIVE POSSESSION OF A WEAPON, CONVICTION REVERSED (SECOND DEPT).
ALTHOUGH DEFENDANT WAS PROCEEDING THROUGH AN INTERSECTION WHEN THE CAR IN WHICH PLAINTIFF WAS A PASSENGER ATTEMPTED A LEFT TURN, DEFENDANT’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED; THE POLICE REPORT, PHOTOS AND DASHBOARD VIDEO WERE INADMISSIBLE AND DEFENDANT’S AFFIDAVIT DID NOT DEMONSTRATE HE WAS FREE FROM FAULT (SECOND DEPT).
IN THIS ACTION BY A PROPERTY OWNER WHO LOST THE PROPERTY TO FORECLOSURE: (1) THE JUDGE SHOULD NOT HAVE GRANTED DEFENDANT REAL ESTATE BROKERS SUMMARY JUDGMENT ON A GROUND NOT RAISED IN THE MOTION; AND (2) THE BREACH OF FIDUCIARY DUTY, BREACH OF REAL PROPERTY LAW 441-C, AND CONSTRUCTIVE TRUST CAUSES OF ACTION SHOULD NOT HAVE BEEN DISMISSED (SECOND DEPT).
PLAINTIFF COULD NOT IDENTIFY THE CAUSE OF HER STAIRCASE FALL, DEFENDANT’S MOTION FOR SUMMARY JUDGMENT PROPERLY GRANTED (SECOND DEPT).

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

INJURY NOT GRAVITY-RELATED, LABOR LAW 240(1) CAUSE OF ACTION PROPERLY DISMI... UNDER THE FACTS, THE TRIAL COURT PROPERLY REFUSED TO INSTRUCT THE JURY TO CONSIDER...