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Dalanna v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Sep 25, 2003
308 A.D.2d 400 (N.Y. App. Div. 2003)

Summary

finding that "the bolt, which was embedded in the ground, was not 'dirt,' 'debris,' 'scattered tools and materials' or a 'sharp projection [],' as required by [12 NYCRR 23-1.7(e)(2)]" (first alteration in original)

Summary of this case from Hammer v. ACC Constr. Corp.

Opinion

1644

September 25, 2003.

Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about March 20, 2003, which granted the motion of defendants construction site owner and general contractor for summary judgment dismissing plaintiff's causes of action under Labor Law § 200 and § 241(6), unanimously affirmed, without costs.

Robin Mary Heaney, for plaintiffs-appellants.

John V. Fabiani, for defendants-respondents.

Before: Saxe, J.P., Rosenberger, Williams, Lerner, Friedman, JJ.


Plaintiff, a plumber, was directed to install pipes on a tank and was injured when he tripped over a protruding bolt while carrying a pipe across an outdoor 50-foot-long concrete slab. The IAS court correctly dismissed plaintiff's cause of action under Labor Law § 200 on the ground that defendants had no supervisory control over this injury-producing work (see Ross v. Curtis Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 505). There is no evidence that defendant general contractor gave anything more than general instructions on what needed to be done, not how to do it, and monitoring and oversight of the timing and quality of the work is not enough to impose liability under section 200 (see Gonzalez v. United Parcel Serv., 249 A.D.2d 210, 210-211). Nor is a general duty to ensure compliance with safety regulations or the authority to stop work for safety reasons (see Buccini v. 1568 Broadway Assoc., 250 A.D.2d 466, 468-469).

We reject plaintiff's argument that a showing of supervisory control is not necessary since the accident was caused not by a contractor's methods but by a defect in the premises itself of which defendants had constructive notice. The record shows that the bolt was one of many that had been put down to temporarily anchor the tank to the concrete slab prior to its installation, and that when the tank was taken off the slab several months prior to the accident, plaintiff's employer was instructed to cut down the protruding bolts so they would be level with the surrounding surface, but it apparently missed the one on which plaintiff tripped. Thus, the protruding bolt was not a defect inherent in the property, but rather was created by the manner in which plaintiff's employer performed its work. Accordingly, defendants cannot be held liable under section 200 even if they had constructive notice of the protruding bolt (see Wright v. Belt Assocs., 14 N.Y.2d 129, 134; McParland v. Travelers Ins. Co., 302 A.D.2d 328).

Nor can plaintiff recover under section 241(6). The slab, although regularly traversed to bring pipes to the tanks, remained a common, open area between the job site and the street, and thus was not "passageway" covered by 12-1.7(e)(1), and at best was a "working area" covered by 12 NYCRR 23-1.7(e)(2) (see Lenard v. 1251 Americas Assoc., 241 A.D.2d 391, 392, 393, appeal withdrawn 90 N.Y.2d 937; Canning v. Barney's New York, 289 A.D.2d 32, 34). However, the bolt, which was embedded in the ground, was not "dirt," "debris," "scattered tools or materials," or a "sharp projection," as required by the latter provision.

We have considered plaintiff's other arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Dalanna v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Sep 25, 2003
308 A.D.2d 400 (N.Y. App. Div. 2003)

finding that "the bolt, which was embedded in the ground, was not 'dirt,' 'debris,' 'scattered tools and materials' or a 'sharp projection [],' as required by [12 NYCRR 23-1.7(e)(2)]" (first alteration in original)

Summary of this case from Hammer v. ACC Constr. Corp.

finding that an outdoor 50-foot-long concrete slab, "although regularly traversed . . ., remained a common, open area between the job site and the street, and thus was not 'passageway 'covered by 12 NYCRR 23-1.7 [e] . . ."

Summary of this case from Sicoli v. Riverside Ctr. Parcel 2 Bit Assocs., LLC

finding that a "protruding bolt was not a defect inherent in the property, but rather was created by the manner in which plaintiff's employer performed its work"

Summary of this case from Jablonski v. Archstone Builders, LLC

In Dalanna v. City of New York, 308 A.D.2d 400, 764 N.Y.S.2d 429 (2003), the Court held that a dangerous premises condition (a protruding bolt in the work area) did not constitute an unsafe place to work for purposes of Labor Law § 200 where the dangerous condition (the protruding bolt) resulted from the manner in which the plaintiff's employer performed its work in an unrelated activity months prior to the injury-producing activity engaged in by the plaintiff.

Summary of this case from Cappabianca v. Skanska U.S. Bldg. Inc.

In Dalanna v. City of New York, 308 A.D.2d 400, 764 N.Y.S.2d 429 [2003], supra, this Court affirmed the dismissal of a Labor Law § 200 claim brought by a plumber who, while installing pipes on a tank, tripped over a bolt that protruded from a concrete slab.

Summary of this case from Cappabianca v. Skanska U.S. Bldg. Inc.

In Dalanna v City of New York (308 AD2d 400 [1st Dept 2003]), a plumber tripped over a protruding bolt while carrying a pipe across an outdoor 50-foot-long concrete slab.

Summary of this case from McGonigal v. NYY Steak Manhattan, LLC

In Dalanna v. City of New York, 308 A.D.2d 400 (1st Dep't 2003), a plumber "tripped over a protruding bolt while carrying a pipe across an outdoor 50-foot-long concrete slab."

Summary of this case from Coombes v. Shawmut Design & Constr.

In Dalanna, the plaintiff was injured when he tripped on a bolt which was protruding from a concrete slab and it was undisputed that prior to the accident, plaintiff's employer was instructed to remove the bolt as part of its work but failed to do so.

Summary of this case from Daniel v. 384 Bridge St. LLC

In Dalanna v City of New York (308 AD2d 400, 400 [1st Dept 2003]), the plaintiff tripped over a protruding bolt while carrying a pipe over an outdoor concrete slab.

Summary of this case from Alvarez v. Pavarini Mcgovern, LLC

monitoring and oversight of die timing and quality of the work is not enough to impose liability under section 200

Summary of this case from Donovan v. Acf Indus., LLC

In Dalanna v City of New York (308 AD2d 400, 764 NYS2d 429 [2003]) a plumber tripped over a bolt that protruded from a concrete slab.

Summary of this case from Singh v. 1221 Ave. Holdings, LLC

In Dalanna v City of New York (308 AD2d 400 [1st Dept 2003]), a plumber tripped over a protruding bolt while carrying a pipe across an outdoor 50-foot-long concrete slab.

Summary of this case from Barbaro v. Zwicker Elec. Co.

In Dalanna v City of New York (308 AD2d 400 [1st Dept 2003]), a plumber tripped over a protruding bolt while carrying a pipe across an outdoor 50-foot-long concrete slab.

Summary of this case from Locascio v. 4101 Austin Boulevard Corp.

protruding bolt was not a defect in the premises itself, but rather was created by the manner in which the worker's employer performed his work

Summary of this case from Caputo v. Amedeo Hotels Ltd. P'ship

protruding bolt was not a defect in the premises itself, but rather was created by the manner in which the worker's employer performed his work

Summary of this case from Caputo v. Amedeo Hotels Limited Partnership

protruding bolt was not a defect in the premises itself, but rather was created by the manner in which the worker's employer performed his work

Summary of this case from Ferretti v. Gotham Contractors

protruding bolt was not a defect in the premises itself, but rather was created by the manner in which the worker's employer performed his work

Summary of this case from Latchuk v. the Port Authority of New York
Case details for

Dalanna v. City of New York

Case Details

Full title:DARRELL DALANNA, ET AL., Plaintiffs-Appellants, v. THE CITY OF NEW YORK…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 25, 2003

Citations

308 A.D.2d 400 (N.Y. App. Div. 2003)
764 N.Y.S.2d 429

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