ZIERIS v. CITY OF NEW YORK

7061, 103335/06.

93 A.D.3d 479 (2012)

940 N.Y.S.2d 72

2012 NY Slip Op 1764

JOHN ZIERIS et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided March 13, 2012.


Plaintiff John Zieris, who was employed by nonparty Koch Skanska Inc. (KSI) as an ironworker, was injured while performing rivet removal work on a bridge when he stepped on a loose rivet stem and fell. He commenced this action against defendant alleging, inter alia, violations of Labor Law §§ 200 and 241 (6).

The court properly dismissed the Labor Law § 200 claim as there is no evidence that defendant created the condition. It was neither responsible...

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