Practice point: The court found that plaintiff's common law negligence and Labor Law claims were
prematurely dismissed before depositions were taken. The contractual
provisions requiring defendant to supervise and control the work, although not in themselves sufficient to justify holding the defendant liable for
the alleged inadequacy of the ladder in question, do furnish cause to believe
that further discovery may lead to evidence that the defendant's employees exercised actual supervision or control over the worksite, so as to implicate the claims. Defendant's submission of affidavits broadly
disclaiming any supervisory control over plaintiff's work were
insufficient to establish defendant's entitlement to judgment as a
matter of law.
Student note: The court also found that conflicting
affidavits raise an issue of fact as to whether a bailment was created
by defendant's loan of the allegedly defective ladder to plaintiff. Such
a bailment could give rise to liability for common-law negligence if the defendant provided plaintiff with dangerous equipment even if its defect
was evident.
Case: Rodriguez v. Coalition for Father Duffy, LLC, NY Slip Op 08007 (2d Dept. 2013)
Here is the decision.
Tomorrow's issue: An untimely notice of claim.
