Maldonado v. Metropolitan Life Insurance

Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about July 10, 2000, which, insofar as appealed from, granted defendant’s and third-party defendant’s motions for summary judgment dismissing plaintiffs’ Labor Law § 200 cause of action, unanimously affirmed, without costs.

Plaintiff, an employee of third-party defendant, was allegedly injured when a floor screening machine he was using in defendant’s apartment complex malfunctioned and threw him to the floor. In order to implicate a defendant’s duty under Labor Law § 200, not only must the plaintiff show that the…