Tuesday, January 10, 2017

The reinstatement of common-law negligence and Labor Law § 200 claims.

The Appellate Division reversed the motion court and reinstated the claims in this action where plaintiff alleges that he was injured when the ladder he was standing on slipped out from under him because it was missing the proper footing. The legal standard that governs claims under Labor Law § 200 is whether the owner created the dangerous or defective condition or had actual or constructive notice thereof, not whether the accident arose out of the means and methods of plaintiff's work.

Based on the parties' conflicting deposition testimony, there is a triable issue as to whether defendants provided plaintiff with the allegedly defective ladder. Moreover, plaintiff's testimony that the ladder was missing its feet was sufficient to raise an issue of fact as to whether defendants had constructive notice of the defect because of its visible and apparent nature.

Case:  Jaycoxe v. VNO Bruckner Plaza, LLC, NY Slip Op 00012 (1st Dep't January 3, 2017)

Here is the decision.

Tomorrow's issue:  Tort claims asserted under Mexican law.