MALDONADO, JR. v. METROPOLITAN LIFE INSURANCE COMPANY


289 A.D.2d 176 (2001)

735 N.Y.S.2d 111

JOSEPH MALDONADO, JR., et al., Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY, Respondent and Third-Party Plaintiff-Respondent. NATIONAL CLEANING CONTRACTORS, Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 27, 2001.


Plaintiff, an employee of third-party defendant, was allegedly injured when a floor screening machine he was using in defendant's apartment complex malfunctioned and threw him to the floor. In order to implicate a defendant's duty under Labor Law § 200, not only must the plaintiff show that the defendant exercised supervisory direction or control over the operation that allegedly brought about the injury, but also that the defendant had actual or constructive notice...

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