LANGER v. MTA CAPITAL CONSTRUCTION COMPANY

10741N. 159912/14.

184 A.D.3d 401 (2020)

125 N.Y.S.3d 694

2020 NY Slip Op 03171

Carl Langer et al., Respondents, v. MTA Capital Construction Company et al., Appellants-Respondents. MTA Capital Construction Company et al., Third-Party Plaintiffs-Appellants-Respondents, v. E-J Electric Installation Company, Third-Party Defendant-Respondent-Appellant, and Hatzel and Buehler, Inc., Third-Party Defendant-Respondent.

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

Decided June 4, 2020.


This action is the rare case where summary judgment was appropriately granted in plaintiffs' favor on their claims of Labor Law § 200 and common-law negligence. Here, PSJV, the entities responsible for site cleanliness and trade coordination, at a time when the project was open to the elements, covered a recessed area of the third floor, where rainwater regularly collected, with non-waterproof planking, and never inspected it for water accumulation. Further, PSJV did...

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