Bisram v. Long Island Jewish Hospital
Opinion of the Court
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered September 11, 2013, which granted plaintiffs motion for partial summary judgment as to liability on his Labor Law § 240 (1) claim, and denied as moot defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, to grant defendants’ motion as to the Labor Law § 200 and common-law negligence claims and the Labor Law § 241 (6) claim predicated upon violations of Industrial Code (12 NYCRR) § 23-1.7 (b) (1) (i) and (iii), and otherwise affirmed, without costs.
Plaintiff established his entitlement to summary judgment as
In any event, defendants’ failure to secure the steel beam was a proximate cause of the accident. Contrary to defendants’ argument, the metal deck flooring and beam on which plaintiff was standing to perform his job duties functioned as an elevated platform (see Berrios v 735 Ave. of the Ams., LLC, 82 AD3d 552 [1st Dept 2011]). Its collapse evinces a violation of Labor Law § 240 (1) (see Becerra v City of New York, 261 AD2d 188 [1st Dept 1999]).
Plaintiff’s Labor Law § 200 and common-law negligence claims should be dismissed since the dangerous condition that caused plaintiffs accident arose from the means and methods of his work (Comes v New York State Elec. & Gas Corp., 82 NY2d 876, 877 [1993]). Plaintiff established that the general contractor may have coordinated the subcontractors at the work site or told them where to work on a given day, and had the authority to review onsite safety, but those responsibilities do not rise to the level of supervision or control necessary to hold the general contractor liable for plaintiffs injuries under Labor Law § 200 (see Reilly v Newireen Assoc., 303 AD2d 214, 219 [1st Dept 2003], lv denied 100 NY2d 508 [2003]; De La Rosa v Philip Morris Mgt. Corp., 303 AD2d 190 [1st Dept 2003]).
Since plaintiff was provided with certain safety devices addressed in 12 NYCRR 23-1.16 (f) (1), and the devices failed to protect him from injury, his Labor Law § 241 (6) claim predicated on a violation of that Code provision should be sustained.
However, the Labor Law § 241 (6) claim predicated on a violation of 12 NYCRR 23-1.7 (b) (1) (i) and (iii) should be dismissed since the area through which plaintiff fell — between the beams — when the beam beneath the metal decking on which he
Case-law data current through December 31, 2025. Source: CourtListener bulk data.