Hardzynski v. ITT Hartford Insurance
Court: Appellate Division of the Supreme Court of the State of New York; May 13, 1996; New York; State Appellate Court
The plaintiff appeals an order from the Supreme Court, Queens County, which granted summary judgment to defendants ITT Hartford Insurance Company, Ogden Allied Abatement and Decontamination Service, Inc., and third-party defendant Jarstan, Inc., dismissing the personal injury complaint. The subsequent order, dated July 12, 1995, affirmed the dismissal upon renewal and reargument, rendering the earlier order moot. The court affirmed that New York’s Labor Law did not apply to the construction site accident in Connecticut, referencing relevant case law. The plaintiff failed to demonstrate that the defendants had actual or constructive notice of any hazardous conditions that led to the accident. Additionally, the plaintiff could not successfully invoke res ipsa loquitur, as he could not establish that the object causing the injury was under the defendants’ control. The court awarded costs to Ogden Allied and Jarstan. Judges Altman, Hart, Goldstein, and McGinity concurred.