The statute codifies an owner's or a general contractor's common-law duty to provide construction workers with a safe work-site. Whether under § 200 or the common law, claims arise either from an alleged defect or dangerous condition, or from the way the work was performed. Where the alleged defect is not inherent, but is created by the way the work is performed, the claim is one for means and methods, and not one for a dangerous condition.
Villanueva v. 114 Fifth Ave. Assoc. LLC, NY Slip Op 03928 (1st Dep't June 5, 2018)
Here is the decision.
