Jose Alvarez v. Hudson Valley Realty Corp.

2013 N.Y. App. Div. LEXIS 4213 (2d Dept.) (June 12, 2013)

The court dismissed the plaintiff’s §§240(1) and 241(6) claims because the defendant established that he was an abutting property owner with no property interest in the premises on which the plaintiff was injured and neither contracted for or controlled the construction work. The §200 and common law negligence claims were dismissed because the defendant did not own, occupy, or control the premises.

Practice Note: The plaintiff must establish that the defendant has the relevant interest in the premises in order to establish liability.

Topics: One- or Two-Family Dwelling Exemption; Actual or Constructive Notice of Dangerous Conditions; Property Owner