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SEDA v. EPSTEIN

2503, 2503A, 22778/05.

72 A.D.3d 455 (2010)

900 N.Y.S.2d 6

RAMADES SEDA, JR., Respondent-Appellant, v. NINA EPSTEIN et al., Appellants-Respondents.

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

Decided April 6, 2010.

Contrary to defendants' contention, whether they controlled or directed the manner of plaintiff's work is irrelevant to the Labor Law § 200 and common-law negligence claims, since plaintiff alleges that his injury arose from a defective condition of the premises, where he was washing windows (see e.g. Urban v No. 5 Times Sq. Dev., LLC, 62 A.D.3d 553, 555 [2009]). The issue is whether defendants either created or had notice...

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