New York Appellate Digest
  • Home
  • About
  • Just Released
  • Update Service
  • Streamlined Research
  • CLE Courses
  • Contact
  • Menu Menu
You are here: Home1 / Labor Law-Construction Law2 / QUESTION OF FACT WHETHER STAIRWAY WHICH COLLAPSED WAS TEMPORARY OR PERMANENT,...
Labor Law-Construction Law

QUESTION OF FACT WHETHER STAIRWAY WHICH COLLAPSED WAS TEMPORARY OR PERMANENT, ONLY TEMPORARY STAIRWAYS ARE COVERED UNDER LABOR LAW 240 (1), QUESTIONS OF FACT WHETHER PROJECT MANAGER HAD SUFFICIENT SUPERVISORY CONTROL TO BE LIABLE UNDER LABOR LAW 240 (1), 241 (6) AND 200 (FOURTH DEPT).

The Fourth Department determined there was a question of fact whether the stairs which collapsed were temporary or permanent. If the stairs were temporary they would be considered the functional equivalent of a ladder and would be covered under Labor Law 240 (1). There was also a question of fact whether a project manager could be deemed a general contractor or agent of the owner with supervisory control and therefore potentially liable under Labor Law 240 (1) and 241 (6). There were also questions of fact whether the project manage was liable under Labor Law 200, depending on whether it had control over the work site or whether it had actual or constructive notice of the dangerous condition:

“A temporary staircase that is used for access to and from the upper levels of a house under construction is the functional equivalent of a ladder’ and falls within the designation of other devices’ within the meaning of Labor Law § 240 (1)” … . … “[I]t has repeatedly been held that a stairway which is, or is intended to be, permanent—even one that has not yet been anchored or secured in its designated location . . . , or completely constructed . . . —cannot be considered the functional equivalent of a ladder or other device as contemplated by section 240 (1)” … . …

” An entity is a contractor within the meaning of Labor Law § 240 (1) and § 241 (6) if it had the power to enforce safety standards and choose responsible subcontractors . . . , and an entity is a general contractor if, in addition thereto, it was responsible for coordinating and supervising the . . . project’ ” … . While a construction manager “is generally not considered a contractor’ or owner’ within the meaning of section 240 (1) or section 241” … , a construction manager may nevertheless be “vicariously liable as an agent of the property owner . . . where the manager had the ability to control the activity which brought about the injury” … . “The label given a defendant, whether construction manager’ or general contractor,’ is not determinative . . . [inasmuch as] the core inquiry is whether the defendant had the authority to supervise or control the activity bringing about the injury so as to enable it to avoid or correct the unsafe condition’ ” … . Stiegman v Barden & Robeson Corp., 2018 NY Slip Op 04865, Fourth Dept 6-29-18

​LABOR LAW-CONSTRUCTION LAW (QUESTION OF FACT WHETHER STAIRWAY WHICH COLLAPSED WAS TEMPORARY OR PERMANENT, ONLY TEMPORARY STAIRWAYS ARE COVERED UNDER LABOR LAW 240 (1), QUESTIONS OF FACT WHETHER PROJECT MANAGER HAD SUFFICIENT SUPERVISORY CONTROL TO BE LIABLE UNDER LABOR LAW 240 (1), 241 (6) AND 200 (FOURTH DEPT))/STAIRWAYS (LABOR LAW-CONSTRUCTION LAW (QUESTION OF FACT WHETHER STAIRWAY WHICH COLLAPSED WAS TEMPORARY OR PERMANENT, ONLY TEMPORARY STAIRWAYS ARE COVERED UNDER LABOR LAW 240 (1), QUESTIONS OF FACT WHETHER PROJECT MANAGER HAD SUFFICIENT SUPERVISORY CONTROL TO BE LIABLE UNDER LABOR LAW 240 (1), 241 (6) AND 200 (FOURTH DEPT))/PROJECT MANAGER (LABOR LAW-CONSTRUCTION LAW, QUESTION OF FACT WHETHER STAIRWAY WHICH COLLAPSED WAS TEMPORARY OR PERMANENT, ONLY TEMPORARY STAIRWAYS ARE COVERED UNDER LABOR LAW 240 (1), QUESTIONS OF FACT WHETHER PROJECT MANAGER HAD SUFFICIENT SUPERVISORY CONTROL TO BE LIABLE UNDER LABOR LAW 240 (1), 241 (6) AND 200 (FOURTH DEPT))

June 29, 2018
Tags: Fourth Department
Share this entry
  • Share on WhatsApp
https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png 0 0 Bruce Freeman https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png Bruce Freeman2018-06-29 12:48:592020-02-06 16:35:54QUESTION OF FACT WHETHER STAIRWAY WHICH COLLAPSED WAS TEMPORARY OR PERMANENT, ONLY TEMPORARY STAIRWAYS ARE COVERED UNDER LABOR LAW 240 (1), QUESTIONS OF FACT WHETHER PROJECT MANAGER HAD SUFFICIENT SUPERVISORY CONTROL TO BE LIABLE UNDER LABOR LAW 240 (1), 241 (6) AND 200 (FOURTH DEPT).
You might also like
MOTHER’S PETITION FOR PERMISSION TO RELOCATE WITH THE CHILD SHOULD NOT HAVE BEEN DISMISSED WITHOUT A HEARING (FOURTH DEPT).
Failure to Turn Over Brady Material Until the Day of Trial Required Reversal
SEIZURE OF COCAINE WAS NOT SUFFICIENTLY ATTENUATED FROM ILLEGAL DETENTION, SUPPRESSION SHOULD HAVE BEEN GRANTED; RULING THAT DETENTION WAS ILLEGAL WAS NOT ADVERSE TO THE DEFENDANT AND THEREFORE COULD NOT BE RECONSIDERED ON APPEAL.
Finding by Workers’ Compensation Law Judge Precluded Suit Under Labor Law and Common Law Negligence
Portions of Covenant Not to Compete Unenforceable/Liquidated Damages Clause Constituted a Penalty
DEFENDANT MADE A LEFT TURN IN FRONT OF AN ONCOMING CAR IN VIOLATION OF VEHICLE AND TRAFFIC LAW, PLAINTIFF ENTITLED TO SUMMARY JUDGMENT (FOURTH DEPT).
THE JUDGE’S FAILURE TO PRONOUNCE THE DEFINITE TERM COMPONENT OF DEFENDANT’S SENTENCE REQUIRED VACATION OF THE SENTENCE AND REMITTAL FOR RESENTENCING; THE ISSUE SURVIVES A WAIVER OF APPEAL (FOURTH DEPT).
ALTHOUGH SUBSTANTIAL EVIDENCE SUPPORTED DISCIPLINARY FINDINGS AGAINST PETITIONER, A SCHOOL BUS DRIVER WHO SLAPPED AN UNRULY STUDENT, TERMINATION WAS TOO SEVERE A PENALTY, TWO-JUSTICE DISSENT (FOURTH DEPT).

Categories

  • Abuse of Process
  • Account Stated
  • Accountant Malpractice
  • Administrative Law
  • Agency
  • Animal Law
  • Appeals
  • Arbitration
  • Architectural Malpractice
  • Associations
  • Attorneys
  • Banking Law
  • Bankruptcy
  • Battery
  • Chiropractor Malpractice
  • Civil Commitment
  • Civil Conspiracy
  • Civil Forfeiture
  • Civil Procedure
  • Civil Rights Law
  • Condominiums
  • Constitutional Law
  • Consumer Law
  • Contempt
  • Contract Law
  • Conversion
  • Cooperatives
  • Copyright
  • Corporation Law
  • Correction Law
  • Court of Claims
  • Criminal Law
  • Debtor-Creditor
  • Defamation
  • Dental Malpractice
  • Disciplinary Hearings (Inmates)
  • Education-School Law
  • Election Law
  • Eminent Domain
  • Employment Law
  • Engineering Malpractice
  • Environmental Law
  • Evidence
  • Fair Credit Reporting Act
  • Fair Housing Act
  • Fair Housing Amendments Act
  • False Arrest
  • False Claims Act
  • False Imprisonment
  • Family Law
  • Federal Employers' Liability Act (FELA)
  • Fiduciary Duty
  • Foreclosure
  • Fraud
  • Freedom of Information Law (FOIL)
  • Human Rights Law
  • Immigration Law
  • Immunity
  • Indian Law
  • Insurance Law
  • Intellectual Property
  • Intentional Infliction of Emotional Distress
  • Involuntary Medical Treatment and Feeding (Inmates)
  • Judges
  • Labor Law
  • Labor Law-Construction Law
  • Land Use
  • Landlord-Tenant
  • Legal Malpractice
  • Lien Law
  • Limited Liability Company Law
  • Longshoreman's and Harbor Worker's Compensation Act
  • Malicious Prosecution
  • Maritime Law
  • Medicaid
  • Medical Malpractice
  • Mental Hygiene Law
  • Military Law
  • Money Had and Received
  • Municipal Law
  • Navigation Law
  • Negligence
  • Negligent Infliction of Emotional Distress
  • Negligent Misrepresentation
  • Notarial Misconduct
  • Nuisance
  • Partnership Law
  • Personal Property
  • Pharmacist Malpractice
  • Physician Patient Confidentiality
  • Pistol Permits
  • Prima Facie Tort
  • Private Nuisance
  • Privilege
  • Products Liability
  • Public Authorities Law
  • Public Corporations
  • Public Health Law
  • Public Nuisance
  • Real Estate
  • Real Property Actions and Proceedings Law (RPAPL)
  • Real Property Law
  • Real Property Tax Law
  • Religion
  • Replevin
  • Retirement and Social Security Law
  • Securities
  • Sepulcher
  • Sex Offender Registration Act (SORA)
  • Social Services Law
  • Statutes
  • Tax Law
  • Tenant Harassment
  • Tortious Interference with Contract
  • Tortious Interference with Employment
  • Tortious Interference with Prospective Business Relations
  • Tortious Interference With Prospective Economic Advantage
  • Toxic Torts
  • Trade Secrets
  • Trademarks
  • Trespass
  • Trusts and Estates
  • Unemployment Insurance
  • Unfair Competition
  • Uniform Commercial Code
  • Usury
  • Utilities
  • Vehicle and Traffic Law
  • Victims of Gender-Motivated Violence Protection Law (VGM)
  • Water Law
  • Workers' Compensation
  • Zoning

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

Copyright © 2023 New York Appellate Digest, LLC
Site by CurlyHost | Privacy Policy

THE PROPONENT OF A MISSING WITNESS CHARGE MUST FIRST DEMONSTRATE THE TESTIMONY... JUROR MISCONDUCT, INCLUDING COMMUNICATIONS WITH THIRD PARTIES AND WEB BROWSING...
Scroll to top