GONZALEZ v. FASTFLEX, INC

ORDERED that the order is affirmed, with costs.

Liability under Labor Law § 200 and common-law negligence will not attach when the allegedly dangerous condition of which the plaintiff complains was open and obvious (see, Panetta v. Paramount Communications, 255 A.D.2d 568 ), particularly where, as in the instant case, the plaintiff was actually aware of the condition (see, Tarrazi v. 2025 Richmond Ave. Assocs., 260 A.D.2d 468 ). The plaintiff's arguments raised in opposition to the defendant's motion were either speculative or without merit. Therefore, the Supreme Court properly granted the defendant summary judgment dismissing the complaint.

MANGANO, P.J., BRACKEN, LUCIANO, and SMITH, JJ., concur.