Practice point: Where plaintiffs' injuries result from an allegedly dangerous condition on the property, and not the way the work was being performed, a property owner will be liable under a theory of common-law negligence, as codified by § 200.
Practitioners should note that a general contractor may be held liable if it had control over the work site and actual or constructive notice of the dangerous condition.
Case: Bridges v. Wyandanch Community Dev. Corp., NY Slip Op 07782 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Municipalities Law.
