Vasquez v. Minadis
Cases that cite this one
1 later published case cites this decision.
- Cicchetti v. Tower Windsor Terrace, LLC (Appellate Division of the Supreme Court of New York 2015)
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
The Supreme Court should have granted those branches of the appellants’ cross motion which were for summary judgment dismissing the Labor Law § 240 (1) and § 241 (6) causes of action insofar as asserted against them. With respect to Labor Law § 240 (1), while “the reach of section 240 (1) is not limited to work performed on actual construction sites, the task in which an injured employee was engaged must have been performed during ‘the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure’ ” (Martinez v City of New York, 93 NY2d 322, 326 [1999] [citation omitted]; see Schroeder v Kalenak Painting & Paperhanging,
However, the Supreme Court properly denied those branches of the appellants’ cross motion which were for summary judgment dismissing the Labor Law § 200 and common-law negligence causes of action insofar as asserted against them. Although the appellants demonstrated that they did not have the authority to supervise or control the plaintiffs work (see Ortega v Puccia, 57 AD3d 54, 61-62 [2008]), they did not make a prima facie showing of their entitlement to judgment as a matter of law with respect to the plaintiffs allegation that their act of permanently sealing off access to the roof from inside the premises created a dangerous condition (see Galindo v Town of Clarkstown, 2 NY3d 633, 636 [2004]). Rivera, J.P., Dickerson, Lott and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.