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REYES v. ARCO WENTWORTH

2010-00277.

83 A.D.3d 47 (2011)

919 N.Y.S.2d 44

GERMAN REYES, Respondent, v. ARCO WENTWORTH MANAGEMENT CORPORATION et al., Appellants. (And a Third-Party Action.)

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

March 15, 2011.

Attorney(s) appearing for the Case

Goldberg Segalla, LLP, White Plains ( William T. O'Connell and Yadira Ramos-Herbert of counsel), for appellants.

Davidson & Cohen, P.C., Rockville Centre ( Robin Mary Heaney of counsel), for respondent.

RIVERA, J.P., ANGIOLILLO and AUSTIN, JJ., concur.

OPINION OF THE COURT

DILLON, J.

In Chowdhury v Rodriguez (57 A.D.3d 121 [2008]), we held that when a worker at a job site is injured as a result of a dangerous or defective premises condition, a property owner's liability under Labor Law § 200 and for common-law negligence rests upon whether there is evidence that the property owner created the condition, or had actual or constructive notice of it and a reasonable...

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