Tuesday, February 4, 2014

First Department Finds Contractor Had No Notice or Authority to Control Dangerous Condition That Caused Plaintiff's Injury

In Stier v. One Bryant Park LLC, the plaintiff tripped over a piece of unsecured masonite outside of an elevator.  In dismissing the plaintiff's section 200 and common law negligence claims against the Contractor, Tishman, the Court observed that Tishman's awareness that the masonite needed "sprucing up" was insufficient to demonstrate that Tishman had actual notice that the masonite was not secured.  In addition, Tishman did not have the authority to correct the unsafe condition, in that the area where the accident occurred had been turned over to another contractor. 

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