McLeod v. Corporation of Presiding Bishop of Church of Jesus Christ of Latter Day Saints
Cases that cite this one
40 later published cases cite this decision. The 25 that cite it most often are listed here.
- Warboys v. SHI-III Briarcliff Reit, LLC (District Court, S.D. New York 2021)
- Dwyer v. Goldman Sachs Headquarters LLC (District Court, S.D. New York 2011)
- Ruvalcaba v. M.N.C. General Contractors Corp. (District Court, E.D. New York 2024)
- Fucci v. Plotke (Appellate Division of the Supreme Court of New York 2015)
- Capolino v. Judlau Contracting, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Pizzola v. Tutor Perini Corp. (New York Supreme Court, New York County 2025)
- Ziobro v. Milan House Inc. (New York Supreme Court, New York County 2025)
- Bogart v. Warner Media, LLC (New York Supreme Court, New York County 2025)
- Barreto v. Board of Mgrs. of 545 W. 110th St. Condominium (New York Supreme Court, New York County 2024)
- Samperi v. City Safety Compliance Corp. (Appellate Division of the Supreme Court of New York 2024)
- Valladares v. Henry V. Murray Senior, LLC (New York Supreme Court, New York County 2024)
- Butler v. Marco Realty Assoc., LP (New York Supreme Court, New York County 2024)
- Butler v. Marco Realty Assoc., LP (New York Supreme Court, New York County 2024)
- Butler v. Marco Realty Assoc., L.P. (New York Supreme Court, New York County 2024)
- MacMenamin v. 95th & Third LLC (New York Supreme Court, New York County 2024)
- Sanchez v. Consolidated Edison Co. of N.Y., Inc. (New York Supreme Court, New York County 2024)
- Quinn v. BP 399 Park Ave. LLC (New York Supreme Court, New York County 2024)
- Marinelli v. Empire City Subway Co. (Ltd.) (New York Supreme Court, New York County 2024)
- Bateman v. The Permanent Mission of Chad to the United Nations in New York (District Court, S.D. New York 2021)
- Grant v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Grant v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Mancuso v. MTA New York City Transit (Appellate Division of the Supreme Court of New York 2011)
- Robinson v. County of Nassau (Appellate Division of the Supreme Court of New York 2011)
- Ferreira v. City of New York (Appellate Division of the Supreme Court of New York 2011)
- Mugavero v. Windows By Hart, Inc. (Appellate Division of the Supreme Court of New York 2010)
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
In an action to recover damages for personal injuries, etc., the defendant East Coast Construction Group, Inc., appeals from so much of an order of the Supreme Court, Kings County (Harkavy, J.), dated September 20, 2006, as denied those branches of its motion which were for summary judgment dismissing the causes of action alleging a violation of Labor Law § 200 and common-law negligence insofar as asserted against it.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion of the defendant East Coast Construction Group, Inc., which were for summary judgment dismissing the causes of action alleging a violation of Labor Law § 200 and common-law negligence insofar as asserted against it are granted.
The plaintiff Bert McLeod (hereinafter the plaintiff) was employed by a nonparty subcontractor at a construction site where the defendant East Coast Construction Group, Inc. (hereinafter the defendant), was the general contractor. Acting on his employer’s instructions, the plaintiff used a wood beam to support the jib of a crane while disassembling the crane, and was injured when the beam struck him. The plaintiff and his wife commenced this action against the defendant and the owner of the site, seeking damages, inter alia, for the plaintiffs injuries based upon alleged violations of the Labor Law and common-law negligence. The defendant moved for summary judgment dismissing the complaint insofar as asserted against it. The Supreme Court granted those branches of the defendant’s motion which were for summary judgment dismissing the causes of action alleging a violation of Labor Law § 240 (1) and § 241 (6) insofar as asserted against it, but denied those branches of its motion which were for summary judgment dismissing the causes of action alleging a violation of Labor Law § 200 and common-law negligence insofar as asserted against it. We reverse.
The accident here stems not “from a dangerous condition on the premises” (Keating v. Nanuet Bd. of Educ., 40 AD3d 706, 708 [2007]) but “from the manner in which the work was being
In contrast, “[w]here ... a plaintiffs injuries stem not from the manner in which the work was being performed, but, rather, from a dangerous condition on the premises, a general contractor may be liable in common-law negligence and under Labor Law § 200 if it has control over the work site and actual or constructive notice of the dangerous condition” (Keating v Nanuet Bd. of Educ., supra at 708).
The defendant established its prima facie entitlement to summary judgment with evidence that it did not have authority to supervise or control the plaintiffs dismantling of the crane. In opposition, the plaintiffs failed to raise a triable issue of fact by submitting evidence of the defendant’s supervisory control over the activity giving rise to the injury. Contrary to the plaintiffs’ contention, the defendant’s liability did not arise from the defendant’s general duties to oversee work and to ensure compliance with safety regulations (see Warnitz v Lira Group, 254 AD2d 411 [1998]), nor from the defendant’s authority to stop work for observed safety violations (see Peay v New York City School Constr. Auth., 35 AD3d 566, 567 [2006]).
The parties’ remaining contentions are either without merit or need not be reached in light of our determination. Rivera, J.P., Goldstein, Skelos and Batkin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.