Court: Appellate Division of the Supreme Court of the State of New York; February 3, 1998; New York; State Appellate Court
Order unanimously affirmed without costs. Faber Homes, Inc. (Faber), the owner and general contractor of a residential subdivision, engaged Heartwood Interiors, Inc. (Heartwood) for interior trimming installation. On February 17, 1993, the plaintiff, an employee of Heartwood, slipped on ice and snow at the worksite, injuring his knee, and subsequently filed claims for common-law negligence and violations of Labor Law sections 200 and 241(6).
The Supreme Court granted Heartwood’s motion and Faber’s cross-motion for summary judgment, dismissing the common-law negligence and Labor Law 200 claims. Faber and Heartwood successfully established that Faber did not supervise or control Heartwood’s work methods, and the plaintiff failed to present a factual dispute. Liability for the injury could not attach to Faber without evidence of actual or constructive notice of the unsafe condition at the worksite.
Despite acknowledging that a snowstorm was ongoing, the court ruled that under Labor Law 241(6), Faber had a duty to remove ice and snow during construction. The court clarified that the relevant regulations (12 NYCRR 23-1.7(d)) impose specific duties on owners and contractors, irrespective of weather conditions, and do not exempt them during storms. There were factual issues regarding Faber's constructive knowledge of the ice and snow condition, leading to the denial of summary judgment on the Labor Law 241(6) claim.
The appeals from the Supreme Court, Monroe County, were heard with justices Denman, Green, Hayes, Balio, and Fallon presiding.
