Peluso v. 69 Tiemann Owners Corp.

—Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered February 15, 2002, which, inter alia, granted defendant’s motion for summary judgment dismissing plaintiffs second and third causes of action, unanimously modified, on the law, to deny the motion dismissing the third cause of action alleging a violation of Labor Law § 200 and to reinstate that cause, and otherwise affirmed, without costs.

The record establishes that a triable issue exists as to whether defendant had actual or constructive notice of unsafe conditions alleged to have caused plaintiffs fall (see Higgins v 1790…