AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

CHARLES P. LEHNER, Appellant, v. DORMITORY AUTHORITY OF THE STATE OF NEW YORK et al., Respondents.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted summary judgment dismissing plaintiff's Labor Law § 240 (1) cause of action against defendant D.A. Elia Construction Corp. (see, Lehner v Dormitory Auth., 201 A.D.2d 948). The court erred, however, in granting summary judgment to defendants dismissing the Labor Law § 200 causes of action. Plaintiff submitted proof that defendants affirmatively created the dangerous condition that caused his accident by directing the placement of steel beams at a location that did not permit the safe passage of large pieces of construction equipment (see, Samiani v New York State Elec. Gas Corp., 199 A.D.2d 796, 797). Thus, plaintiff "may be able to show that defendant[s] * * * exercised the requisite degree of supervision and control over the portion of the work that led to his injury" (Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 506).

The court also erred in granting summary judgment dismissing plaintiff's Labor Law § 241 (6) causes of action. Plaintiff alleges that his injuries are the result of defendants' violation of Industrial Code (12 N.Y.CRR) § 23-2.1 (a) (1), which requires that building materials be "so located that they do not obstruct any passageway, walkway, stairway or other thoroughfare." We conclude that that regulation is specific enough to support the Labor Law § 241 (6) causes of action (see, Ross v Curtis-Palmer Hydro-Elec. Co., supra, at 502-504; Adams v Glass Fab, 212 A.D.2d 972).

Use AI to get other relevant cases.

Comments

LEHNER v. DORMITORY AUTH. OF THE ST. OF N.Y
(Nov 15, 1995)