Appellate Division of the Supreme Court of New York, 1998

Kvandal v. Westminster Presbyterian Society of Buffalo, Inc.

Appellate Division of the Supreme Court of New York · Decided October 2, 1998

254 A.D.2d 818; 678 N.Y.S.2d 185; 1998 N.Y. App. Div. LEXIS 10547

Cases that cite this one

12 later published cases cite this decision.

Vega v. FNUB, Inc. (Appellate Division of the Supreme Court of New York 2023)
ST. JOHN, KATHLEEN v. WESTWOOD-SQUIBB PHARMACEUTICALS, IN (Appellate Division of the Supreme Court of New York 2016)
St. John v. Westwood-Squibb Pharmaceuticals, Inc. (Appellate Division of the Supreme Court of New York 2016)
St. John v. Westwood-Squibb Pharmaceuticals, Inc. (Appellate Division of the Supreme Court of New York 2016)
DIPALMA, JEFFREY v. STATE OF NEW YORK (Appellate Division of the Supreme Court of New York 2011)
DiPalma v. State (Appellate Division of the Supreme Court of New York 2011)
Coleman v. ISG Lackawanna Services, LLC (Appellate Division of the Supreme Court of New York 2010)
McCormick v. 257 W. Genesee, LLC (Appellate Division of the Supreme Court of New York 2010)
Donnelly v. City of Niagara Falls (Appellate Division of the Supreme Court of New York 2004)
Scally v. Regional Industrial Partnership (Appellate Division of the Supreme Court of New York 2004)
Alexandre v. City of New York (Appellate Division of the Supreme Court of New York 2002)
Riccio v. Shaker Pine, Inc. (Appellate Division of the Supreme Court of New York 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of defendant’s motion for summary judgment seeking dismissal of the Labor Law § 200 and common-law negligence causes of action. Kurtis K. Kvandal (plaintiff), an employee of third-party defendant, was injured when he stepped off a ladder onto a nail while performing drywall work on premises owned by defendant. Although a representative of defendant visited the worksite daily to observe the progress of the project, the record contains no proof that defendant actually supervised or controlled work to sustain those causes of action (see, e.g., Riley v Stickl Constr. Co., 242 AD2d 936; Adamczyk v Hillview Estates Dev. Corp., 226 AD2d 1049, 1050).

The court properly denied, however, that part of defendant’s motion for summary judgment seeking dismissal of the Labor Law § 241 (6) cause of action. Plaintiffs allege that defendant violated 12 NYCRR 23-1.7 (e) and 23-2.1 (b) by permitting a nail to remain on the floor of the worksite. Those regulations set forth specific standards of conduct that are sufficient to support the Labor Law § 241 (6) cause of action (see generally, *819Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 502-504). Plaintiffs raised triable issues of fact whether those standards were violated.

Consequently, we modify the order by granting in part defendant’s motion for summary judgment and dismissing the Labor Law § 200 and common-law negligence causes of action. (Appeal from Order of Supreme Court, Erie County, Cosgrove, J. — Summary Judgment.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Fallon, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.