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BORNER v. FORDHAM UNIV.

14076, 309359/08.

124 A.D.3d 553 (2015)

998 N.Y.S.2d 635

EDWARD BORNER, Respondent-Appellant, v. FORDHAM UNIVERSITY et al., Appellants-Respondents, et al., Defendants.

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

Decided January 29, 2015.

The motion court properly denied that portion of defendants' motion seeking dismissal of plaintiff's Labor Law § 200 and common law negligence claims. There are questions of fact concerning whether Fordham, the property owner, had actual or constructive notice of the icy condition that allegedly caused plaintiff, a core driller employed by nonparty Aquifier Drilling & Testing, to slip and fall (see Urban v No. 5 Times Sq. Dev., LLC, 62 A.D...

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