Cerverizzo v. City of New York

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), *536entered July 13, 2012, which, insofar as appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the Labor Law § 200 claim as against defendant Yonkers Construction Corp. and the Labor Law § 241 (6) claim against all defendants, unanimously modified, on the law, to deny the motion as to the Labor Law § 200 claim, and otherwise affirmed, without costs.

Pursuant to Labor Law § 200, Yonkers failed to establish prima facie that it neither created nor had actual or constructive notice of the…