Jablonski v. Fulton Corners Inc.

*136OPINION OF THE COURT

Jack M. Battaglia, J.

On this motion for summary judgment, the court must determine whether supervisory control is an essential element of an injured worker’s claim under Labor Law § 200, when the injury allegedly was caused by a dangerous condition inherent in the premises and not by any contractor’s method of work. The court concludes that a claim against the owner of the premises is stated on the basis of the owner’s actual or constructive notice of the injury-producing condition, whether or not the owner retains or exercises supervisory control over the work. A claim…