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Ross v. Curtis-Palmer HydroElectric Co.

Citations: 241 A.D.2d 650; 660 N.Y.S.2d 172

Court: Appellate Division of the Supreme Court of the State of New York; July 10, 1997; New York; State Appellate Court

Narrative Opinion Summary

The case involves an appeal from an order denying International Paper Company's motion for summary judgment in a lawsuit concerning injuries sustained by a plaintiff employed by Bechtel Corporation, a subcontractor. The plaintiff was injured while performing welding work on a scaffold at a construction site managed by International. The Court of Appeals had reinstated the plaintiff's Labor Law § 200(1) claim, asserting International's duty to provide a safe work environment. Upon remittal and further discovery, International's motion for summary judgment was denied by the Supreme Court, highlighting unresolved factual disputes about the company's supervisory role and awareness of unsafe work conditions. The appellate court examined whether the plaintiff presented a triable issue concerning International's control over work activities and notice of the hazardous conditions. Evidence included a contract outlining International's safety supervision responsibilities and an affidavit from a Bechtel employee indicating active supervision by International's personnel. The court upheld the lower court's decision, affirming that sufficient evidence existed to suggest International's constructive knowledge of the unsafe conditions, thereby affirming the order with costs awarded.

Legal Issues Addressed

Constructive Knowledge of Unsafe Conditions

Application: Constructive knowledge of unsafe conditions was attributed to International based on evidence suggesting their supervisory role and active direction of the subcontractor's employees.

Reasoning: The court concurred with the Supreme Court's findings that there was sufficient evidence to suggest that International had constructive knowledge of the conditions under which the plaintiff was working.

Duty to Provide Safe Working Environment under Labor Law § 200(1)

Application: The case examines the responsibility of International Paper Company as the general contractor and site manager to ensure a safe working environment for the plaintiff, employed by a subcontractor, under Labor Law § 200(1).

Reasoning: The Court of Appeals had previously reinstated the plaintiff's Labor Law § 200(1) claim against International, establishing that as the general contractor and site manager, International had a duty to provide a safe working environment.

Summary Judgment and Triable Issues of Fact

Application: The court addressed whether International Paper Company could obtain summary judgment by establishing that there were no triable issues of fact regarding their control over work activities and notice of unsafe conditions.

Reasoning: The key issue on appeal was whether the plaintiff had established a triable issue of fact regarding International's control over the plaintiff's work activities and its notice of the unsafe working conditions.