Summary
This Appellate Division, Second Department decision reverses a trial court's grant of summary judgment in favor of defendants in a consolidated personal injury action alleging common-law negligence and a violation of Labor Law § 200. The court found that the defendants failed to make a prima facie showing eliminating triable issues of fact regarding whether they created or had notice of a dangerous slope condition at a construction site. Additionally, the appellate court noted that the trial court improperly granted summary judgment based on an argument not raised by the moving parties. The matter is remanded for further proceedings consistent with this decision.
Topics
Practice areas
Questions Presented
- Whether a defendant moving for summary judgment on a negligence claim and a Labor Law §200 claim must make a prima facie showing that it neither created the dangerous condition nor had actual or constructive notice of its existence
- Whether the trial court erred in granting summary judgment dismissing the plaintiff’s complaint
Holdings
- A defendant moving for summary judgment dismissing causes of action alleging common‑law negligence and a violation of Labor Law §200 must make a prima facie showing that it neither created the dangerous condition nor had actual or constructive notice of its existence.
Key quotations
“Where, as here, a plaintiff contends that an accident occurred because a dangerous condition existed on the premises where the work was being undertaken, a defendant moving for summary judgment dismissing causes of action alleging common‑law negligence and a violation of Labor Law §200 must make a prima facie showing that it neither created the dangerous condition nor had actual or constructive notice of its existence.”
Factual background
On April 4, 2016, while delivering a prefabricated fireplace to a semi‑attached condominium under construction, the plaintiff fell on a slope between two driveways that created a six‑ to seven‑inch height differential. The property was owned by Cambridge Heights Holdings, LLC, and the general contractor was Jada Construction, Inc.
Procedural history
The plaintiff filed personal injury actions against Cambridge Heights Holdings, LLC and Jada Construction, Inc./Jada Construction & Development, Inc. The trial court granted the defendants' motions for summary judgment, finding the slope on the property open and obvious, an issue not raised by the defendants. The appellant appealed.
Remand instructions
The order granting summary judgment is reversed and the motions for summary judgment are denied.