Raffa v. City of New York

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered September 16, 2011, which granted defendant City of New York’s motion for summary judgment dismissing the complaint as against it, unanimously modified, on the law, the motion denied as to plaintiffs claims of negligence and violation of Labor Law § 200, and otherwise affirmed, without costs.

Supreme Court should have denied that portion of the motion which sought dismissal of plaintiffs negligence and Labor Law § 200 claims against the City. Because the Labor Law § 200 and common-law negligence claims are based on a…