Practice point: A cause of action sounding in a violation of Labor Law § 200 or common-law negligence may arise either from a dangerous condition at the work site, or from the way the work was performed.
Students should note that the owner is not liable solely because it had notice of the way in which the work was being performed.
Case: Pilato v. 866 U.N. Plaza Assoc., LLC, NY Slip Op 07157 (2d Dept. 2010)
Here is the decision.
Tomorrow’s issue: Motion practice.
