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Vitale v. Astoria Energy II, LLC
Citation: 2020 NY Slip Op 1381Docket: 2018-08637
Court: Appellate Division of the Supreme Court of the State of New York; February 25, 2020; New York; State Appellate Court
Original Court Document: View Document
In Vitale v Astoria Energy II, LLC, the Appellate Division of New York reviewed an appeal concerning a personal injury case where Daniel Vitale was injured while working at a construction site. Vitale, while performing anchor bolt verification, fell through an uncovered rebar grid, sustaining injuries. The defendants, Astoria Energy II, LLC, and SNC-Lavalin Constructors, Inc., moved for a directed verdict, arguing they owed no duty to Vitale since traversing the rebar grid was an inherent part of his job and the danger was observable and known to him as an experienced surveyor. The Supreme Court granted this motion, dismissing the complaint on liability grounds. The plaintiffs subsequently sought to set aside this directed verdict and for a new trial, contending that the risk of falling through the rebar grid was not inherent to their work. The Supreme Court denied this motion, leading to a judgment in favor of the defendants. On appeal, the court dismissed the appeal from the order but reversed the judgment, granting the plaintiffs' motion to set aside the directed verdict, reinstating the complaint, and remitting the matter for a new trial on the issue of liability. The court awarded one bill of costs to the plaintiffs. The decision clarified that the right to appeal from the order ended with the entry of judgment, but the issues raised were reviewed alongside the appeal from the judgment. To obtain judgment as a matter of law under CPLR 4401, the defendant must demonstrate that no rational jury could rule in favor of the plaintiff. Evidence must be viewed favorably toward the nonmoving party, and motions should not be granted if factual disputes or credibility issues exist. Labor Law § 200 mandates that owners and general contractors ensure a safe working environment for construction workers but has exceptions, particularly for inherent work hazards or when a contractor is specifically hired to repair a defect. The Supreme Court mistakenly directed a verdict in favor of the defendants regarding liability, improperly addressing factual questions about whether an uncovered rebar grid posed an inherent risk to the plaintiff's work as a surveyor and whether it constituted a dangerous condition. The plaintiffs established a prima facie case, and material factual disputes warranted a jury's resolution. Consequently, the case is remitted to the Supreme Court, Queens County, for a new trial on liability, and the plaintiffs' additional claims need not be addressed.