DEPAUL v. NY BRUSH LLC

11828, 113636/09

120 A.D.3d 1046 (2014)

994 N.Y.S.2d 59

2014 NY Slip Op 06152

WILLIAM DEPAUL, JR., et al., Respondents-Appellants, v. NY BRUSH LLC et al., Appellants-Respondents, and RUTTURA & SONS CONSTRUCTION Co., INC., Respondent/Third-Party Defendant-Respondent. NY BRUSH LLC et al., Third-Party Plaintiffs-Appellants, et al., Third-Party Defendant.

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

Decided September 11, 2014.


Defendants, who do not dispute that plaintiff's injuries arose from a dangerous condition, failed to demonstrate that they did not have constructive notice of that dangerous condition, a wooden plank that plaintiff testified broke underneath him while he was walking across it; thus they are not entitled to summary judgment dismissing the Labor Law § 200 and common-law negligence claims. Plaintiffs' photographs of the site, taken immediately after the injured plaintiff...

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