Viana v. All Is. Recycle & Rubbish Removal

Summary

The Appellate Division, Second Department, affirmed an order granting Bellco Enterprises, Inc. summary judgment dismissing claims arising from the decedent’s fatal workplace accident. The court held that Bellco lacked authority to supervise or control the work and established that it neither created nor had notice of any dangerous premises condition.

Holdings

1. A defendant may be held liable for common-law negligence arising from the manner in which work is performed only if the defendant had authority to supervise or control the performance of the work; Bellco established prima facie that it lacked such authority.
2. A premises owner is entitled to summary judgment when it establishes that no dangerous condition existed or, alternatively, that it did not create the condition and lacked actual or constructive notice of it; Bellco made that prima facie showing.
3. Plaintiff failed to raise a triable issue of fact in opposition to Bellco's motion, so summary judgment dismissing the complaint against Bellco was proper.

Questions Presented

1. Whether Bellco could be held liable for negligence based on the manner in which the work was performed when it lacked authority to supervise or control the work.
2. Whether Bellco was entitled to summary judgment on claims based on an allegedly dangerous premises condition because it established the absence of a dangerous condition and lack of creation or actual or constructive notice.
3. Whether plaintiff raised a triable issue of fact in opposition to Bellco's summary-judgment motion.

Disposition

affirmed