HERNANDEZ v. COLUMBUS CENTRE, LLC


50 A.D.3d 597 (2008)

857 N.Y.S.2d 83

ROBERT HERNANDEZ, Respondent-Appellant, v. COLUMBUS CENTRE, LLC, et al., Appellants-Respondents. (And a Third-Party Action.)

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

Decided April 29, 2008.


The Labor Law § 200 claim against Bovis, the construction manager, was properly before the jury, since there was evidence that the injury arose "from the condition of the work place created by or known to the contractor, rather than the method of plaintiff's work" (Murphy v Columbia Univ., 4 A.D.3d 200, 202 [2004]). However, no such evidence existed as to defendant Columbus Centre, the owner, and the Labor Law § 200 claim...

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