Case Summary : Daniel Vella v. One Bryant Park, LLC, 2011 N.Y. App. Div. LEXIS 8740 (Dec. 6, 2011).

Summary: Daniel Vella v. One Bryant Park, LLC, 2011 N.Y. App. Div. LEXIS 8740 (Dec. 6, 2011). Plaintiff, a site-safety observer on a construction project, fell and was injured while descending the last step of a stairway, which was twice the height of the other steps. Also, the handrail did not extend to the last step and consequently he could not steady himself. The plaintiff conceded that defendant’s motion for summary judgment should have been granted under §240(1). The court denied defendant’s motion under §200 and common law negligence because defendant failed to raise an issue of fact as to whether it had actual or constructive notice of the dangerous condition.

Practice Note: Defendants failed to submit evidence that the dangerous condition did not exist for a sufficient length of time to discover and remedy.

Topic Tags: Actual or Constructive Notice of Dangerous Conditions, Common Law Negligence, Defective or Inadequate Safety Equipment