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AMAYA v. PURVES HOLDINGS LLC

Index No. 300069/16. Appeal No. 13849. Case No. 2020-02962.

194 A.D.3d 536 (2021)

148 N.Y.S.3d 453

2021 NY Slip Op 03139

Luis Amaya, Respondent, v. Purves Holdings LLC et al., Appellants.

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

Decided May 18, 2021.

Attorney(s) appearing for the Case

Wood Smith Henning & Berman LLP, New York ( William E. Daks of counsel), for appellants.

Gorayeb & Associates, P.C., New York ( John M. Shaw of counsel), for respondent.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.

The court should have dismissed the negligence and Labor Law § 200 claims, as the electrical cord or wire on which plaintiff tripped was not attached or plugged into the wall "for a sufficient length of time prior to the happening of [the] accident to permit the defendant to discover and remedy it" (Lopez v Dagan, 98 A.D.3d 436, 438 [1st Dept 2012]; compare Urban v No. 5 Times Sq. Dev., LLC, 62 A.D.3d...

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