NICHOLAS v. WAL-MART STORES, INC.

257 CA 15-01322.

137 A.D.3d 1733 (2016)

27 N.Y.S.3d 416

2016 NY Slip Op 02253

WILLIAM J. NICHOLAS et al., Respondents, v. WAL-MART STORES, INC., Respondent-Appellant, and MLB CONTRACTORS, INC., Appellant, et al., Defendants.

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

Decided March 25, 2016.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court. We write only to note that, "[w]here, as here, the worker's injuries result from a dangerous condition at the work site rather than from the manner in which the work is performed, the general contractor or owner `may be liable in common-law negligence and under Labor Law § 200 if it has control...

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