Legal Opinion

Russo v. Hudson View Gardens, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 2012PublishedCited by 1 opinion

1Opinion of the Court

*557In this action for personal injuries arising from plaintiffs use of an A-frame ladder, the Labor Law § 200 and common-law negligence claims against Midboro are not viable. The record shows that Midboro, the managing agent of the subject premises, did not directly control the method or means of plaintiff’s work, or have actual or constructive notice of an unsafe condition (see e.g. Buckley v Columbia Grammar & Preparatory, 44 AD3d 263, 272 [2007], lv denied 10 NY3d 710 [2008] ). Although plaintiff attributed the injury-causing accident to the instability of the ladder he was using, he admitted…

2Cases cited3 opinions

  1. Buckley v. Columbia Grammar & PreparatoryAppellate Division of the Supreme Court of the State of New York · 2007
  2. Voultepsis v. Gumley-Haft-Klierer, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Fox v. Brozman-Archer Realty Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

3Cited by1 opinion

  1. Depass v. Mercer Sq., LLCAppellate Division of the Supreme Court of the State of New York · 2023

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