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MAK v. SILVERSTEIN PROPERTIES, INC.

Nos. 4297, 15129/06, 4298, 85550/06, 86267/07.

81 A.D.3d 520 (2011)

916 N.Y.S.2d 592

RATHA MAK, Respondent, v. SILVERSTEIN PROPERTIES, INC., Respondent, and 120 BROADWAY HOLDINGS, LLC, Appellant, et al., Defendants. RATHA MAK, Respondent, v. SILVERSTEIN PROPERTIES, INC., Appellant, and 120 BROADWAY HOLDINGS, LLC, Respondent, et al., Defendants. (And Other Actions.)

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

Decided February 17, 2011.

The court properly denied Silverstein's motion for summary judgment on plaintiff's Labor Law § 200 and common-law negligence claims. Issues of fact remain as to whether Silverstein created the allegedly dangerous condition existing thereon or had notice thereof (see Schneider v Kings Hwy. Hosp. Ctr., 67 N.Y.2d 743, 744 [1986]; Angamarca v New York City Partnership Hous. Dev. Fund Co., Inc., 

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