Masiello V. 21 East 79Th Street Corp

126 A.D.3d 596 (1st Dept. 2015) March 24, 2015

Plaintiff claimed to have been injured while painting a wall above a doorway when a defective A-frame ladder fell out from under him. Defendants moved to dismiss plaintiff’s §240(1), §261(6) and §200 and commonlaw negligence claims. The court declined to dismiss plaintiff’s §240(1) claim as the ladder was not properly secured to ensure that it would remain steady. The court deter-mined that plaintiff’s §241(6) claim as it related to two violations of the Industrial Code should be permitted to continue. Although defendant did not exercise supervisory control, the court refused to dismiss plaintiff’s §200 and common-law negligence claims as there were issues of fact as to actual or constructive notice about whether there was a defect on the floor where the ladder was placed. The court also dismissed a third-party claim for common-law indemnification and contribution as plaintiff did not sustain a grave injury.

Practice Note: The court denied dismissal of §200 and common-law claims as there were issues of fact as to whether defendant had notice of the alleged dangerous condition.

Topics: Actual or Constructive Notice of Dangerous Conditions; Authority or Control Over Work; Common-Law and Contractual Indemnification.