Maggio V. 24 W. 57 APF, LLC

134 A.D.3d 621 (1st Dept. 2015) December 29, 2015

The plaintiff fell down a flight of stairs and then fell to a floor 12-16 feet below. He attributed his fall to the steep pitch of the steps, lack of anti-grip material, and slippery sawdust that had collected on the staircase. Defendants moved for summary judgment dismissing plaintiff’s common-law negligence and Labor Law §200 claims. The court denied the motions on the basis that defendants’ deposed witnesses had no personal knowledge about whether the defendants had any personal involvement with the constrution. The court denied the plaintiff’s cross-motion on his §240(1) as untimely and noted that a crossmotion for §240(1) is not sufficiently related to the defendants’ main motion related to the §200 and common-law negligence claims.

Practice Note: For defendants to meet their prima facie burden on motions for summary judgment, they must present witnesses with personal knowledge of their involvement in the construction project.

Topics: Burden of Proof; Common-Law Negligence