KOLB v. LAMBERT

12200, 306144/09

116 A.D.3d 492 (2014)

983 N.Y.S.2d 551

2014 NY Slip Op 2505

JAMES KOLB, Respondent, v. ROYAL LAMBERT, Appellant, et al., Defendants.

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

Decided April 10, 2014.


The motion court properly denied the portion of defendant owner Royal Lambert's motion seeking dismissal of the claims for violation of Labor Law § 200 and common law negligence. The evidence, which established that plaintiff, a carpenter who was performing renovation work at owner's premises, was injured when he tripped and fell over a 1-inch to 1¼-inch flooring differential at a six-foot wide entranceway that separated the kitchen and sunken living room. It further...

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