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MOONEY v. BP/CG CENTER II, LLC

153483/13, 10778A, 590086/14, 590176/14, 595070/15, 10778.

179 A.D.3d 490 (2020)

117 N.Y.S.3d 206

2020 NY Slip Op 00246

Brian Mooney, Appellant, v. BP/CG Center II, LLC, et al., Respondents. Structure Tone, Inc., Third-Party Plaintiff-Respondent/Second Third-Party Plaintiff-Respondent, v. Furniture Consulting, Inc., Third-Party Defendant-Respondent. Steelcase, Inc., Second Third-Party Defendant-Respondent. (And a Fourth-Party Action.)

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

Decided January 14, 2020.

Defendants are not liable under Labor Law § 200 or in common-law negligence for injuries plaintiff suffered when he knelt on a screw lying on the floor of the construction site where he was installing cabinets. The record demonstrates that defendants neither created or had notice of the condition of the floor nor exercised control over the manner and means of plaintiff's work (see Comes v New York State Elec. & Gas Corp., 82 N.Y.2d 876

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