Chiriboga-Herrera v. Litt

Summary

The New York Appellate Division, Second Department, reversed the grant of summary judgment to property owner Marty Litt in a personal injury and wrongful death action arising from a construction-site beam collapse. The court held that Litt failed to establish his entitlement to the homeowner exemption under Labor Law §§ 240(1) and 241(6), and failed to eliminate factual issues concerning supervision, control, dangerous conditions, and notice under Labor Law § 200 and common-law negligence. The court dismissed one plaintiff's appeal as taken from a default and deemed the construction company's appeal dismissed.

Holdings

1. The appeal by Elva Castro was dismissed because no appeal lies from an order entered on the default of the appealing party.
2. Litt was not entitled to summary judgment based on the homeowner exemption because he failed to establish prima facie that the purpose of the work was connected to his residential use of the property at the time of the accident.
3. Litt was not entitled to summary judgment because his affidavit and the agreement with Spiotta Construction Management Corp. failed to eliminate triable issues concerning whether he supervised or controlled the decedent's work.
4. Litt was not entitled to summary judgment on the Labor Law § 200 and common-law negligence claims because he failed to address and eliminate factual issues under both potentially applicable liability standards: dangerous premises conditions and means and methods of the work.

Questions Presented

1. Whether Elva Castro could appeal from an order entered on her default.
2. Whether Marty Litt established prima facie entitlement to the one- and two-family dwelling homeowner exemption under Labor Law §§ 240(1) and 241(6).
3. Whether Litt established as a matter of law that he did not supervise or control the method and manner of the decedent's work.
4. Whether Litt established entitlement to summary judgment on the Labor Law § 200 and common-law negligence claims.

Disposition

reversed_and_remanded