Cappabianca v. Skanska USA Building Inc.

I must respectfully dissent to the extent that I would reinstate the plaintiffs Labor Law § 200 and common-law negligence claims against all of the defendants, except Safety, insofar as they are based on a dangerous premises condition, and there is an issue of fact as to whether the defendant owner and/or general contractor had actual or constructive notice of the condition. The plaintiffs uncontroverted testimony, as set forth more fully below, establishes that he was injured because he fell off a pallet when it “turned” in water and “muck” which had been allowed to accumulate over a period…