Pouso v. City of New York

Balletta, J.,

concurs in part and dissents in part and votes to modify the order appealed from, on the law, by deleting the provisions thereof which denied the appellants’ motions for summary judgment and substituting therefor provisions granting those motions, with the following memorandum in which Eiber, J., concurs: The majority would establish ownership of property alone as the predicate for liability under the Labor Law. However, in my view, neither case law nor a review of legislative intent can support such a proposition.

When is an owner of real property not an owner subject to…