November 3, 2011

Labor Law.

Practice point: A property owner is not liable on a § 200 claim if someone is hurt through a dangerous condition which he has undertaken to fix.

Student note: A res ipsa loquitur claim does not lie absent a showing that that the accident could not have been caused by plaintiff’s voluntary action or contribution.

Case: Henriquez v. New 520 GSH LLC, NY Slip Op 07578 (1st Dept. 2011).

Here is the decision.

Tomorrow’s issue: Slips and falls.