RAFFA v. CITY OF NEW YORK

8627, 305790/09.

100 A.D.3d 558 (2012)

CHARLES RAFFA JR., Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

November 27, 2012.


Supreme Court should have denied that portion of the motion which sought dismissal of plaintiff's negligence and Labor Law § 200 claims against the City. Because the Labor Law § 200 and common-law negligence claims are based on a dangerous condition on the site, not on the methods or materials used in the work, the only issue is whether defendant City had notice of the condition, not whether it exercised supervisory control over the manner of performance of plaintiff...

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