April 13, 2011

Labor Law.

Practice point: § 240(1) imposes a nondelegable duty on owners, even when the job is performed by a contractor the owner did not hire and of which it was unaware, and, therefore, which it did not supervise or control.

Students should note that defendant will not be liable under common-law negligence or § 200 if the accident was not caused by a dangerous condition of which defendant had actual or constructive notice.

Bruce v. 182 Main St. Realty Corp., NY Slip Op 02785 (1st Dept. 2011).


Tomorrow's issue is striking an answer.