Practice point: Where, as here, a plaintiff contends that an
accident occurred because of a dangerous condition at the work-site, an owner moving to dismiss Labor Law § 200 and common-law negligence claims has the initial burden of making a prima
facie showing that it neither created the dangerous condition nor had
actual or constructive notice of it. Defendant failed to meet that burden and the Appellate Division affirmed the motion's denial
Student note: The failure to make
a prima showing requires the motion's denial, regardless of the sufficiency of the opposition papers.
Case: Costa v. Sterling Equip., Inc., NY Slip Op 08391 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: A motion to strike the testimony of defendant's expert.
