Wednesday, July 21, 2010

Second Department Finds Question of Fact as to Construction Site Defendants Liability for Injury to Member of the Public

Cordova v. Union Turnpike Dev. Corp.: In this case the plaintiff tripped and fell due to a hole in a sidewalk adjacent to construction work. The plaintiff had alleged that heavy machines traversed the sidewalk to gain access to the construction site. In reversing an award of summary judgment in favor of the defendants, the Second Department found that the defendants had failed to prove prima facie that they did not have actual or constructive notice of the defective sidewalk.

1 comment:

  1. Interestingly, at least one of the defendants may have been the owner of the project. Although not discussed in the Court's decision, an owner of a construction site may be held liable for the negligent acts of its independent contractors if (1) the contractor has created a special danger upon a sidewalk in the course of its work; (2) the danger is anticipated by the owner; and (3) the owner has notice of the condition (Gamer v. Ross, 49 A.D.3d 598, 600 [2nd Dept. 2008]). Here, the Court found a question of fact as to the Owner's notice of the alleged condition.