Practice point: Plaintiff's failure to plead an Industrial Code violation, other than in its opposition to a summary judgment motion, is not fatal to the § 241(6) cause of action.
Practitioners should note that when alleging a dangerous worksite condition, a plaintiff must demonstrate that defendant had control over the work site and actual or constructive notice.
Case: Fuchs v. Austin Mall Assoc., LLC, NY Slip Op 03863 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Partnership Law.
You will find another instructive case here.
