In a decision dated August 23, 2011, the Second Department reversed the decision of the Supreme Court insofar as it denied the City’s motion for summary judgment seeking dismissal of the plaintiff’s causes of action for common law negligence and pursuant to Labor Law §§200 and 241(6).  The Supreme Court had previously dismissed the plaintiff’s cause of action pursuant to Labor Law §240(1) so it was not an issue on appeal.  The plaintiff, a union steward employed by a general contractor at the Hunts Point Water Pollution Control Plant, was allegedly injured when he stepped on a wooden ramp while alighting from his truck.  According to the plaintiff, the ramp separated underneath his feet, causing him to fall to the ground.  The Appellate Division held that the plaintiff’s causes of action for common law negligence and pursuant to Labor Law §200 should have been dismissed because the defendants did not supervise, direct or control the plaintiff’s work or have notice of the condition. The plaintiff’s own testimony established that the condition was not visible and apparent.  The Court further held that the plaintiff’s the Labor Law §241(6) claim should have been dismissed because it was predicated upon an alleged violation of Industrial Code Rule 23-1.22(b)(2) which was inapplicable to the facts of the case.

Gray v. City of New York et al., 87 A.D.3d 679 (2d Dep’t 2011)