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JOHNSON v. 923 FIFTH AVE. CONDOMINIUM

9088 24752/06.

102 A.D.3d 592 (2013)

959 N.Y.S.2d 146

2013 NY Slip Op 425

LLOYD JOHNSON, Appellant, v. 923 FIFTH AVENUE CONDOMINIUM, et al., Respondents.

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

Decided January 29, 2013.

With respect to plaintiff's Labor Law § 200 and common-law negligence claims, the record demonstrates that plaintiff's injury was caused by the way he performed his work, not by a dangerous condition of the work site, and that defendants exercised no supervision or control over plaintiff's work (see Thompson v BFP 300 Madison II, LLC, 95 A.D.3d 543 [1st Dept 2012]). To the extent...

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