that dismissed the cause of action againstdefendant for common-law negligence insofar asasserted against defendant.
The court reversed the judgment of thelower court and reinstated the cause of actionagainst defendant.
common-law, action to recover damages, summaryjudgment, site, general contractor, defective condition, constructivenotice, safe, modified
Torts > Premises Liability & Property > General Premises Liability >General OverviewTorts > Vicarious Liability > Independent Contractors
A common-law duty rests on an owner or generalcontractor to provide a safe place to workwhich protects employees of subcontractors.Liability for common-law negligence will attachwhere a plaintiff's injuries were sustained asthe result of a defective or dangerouscondition at a work site, only if the owner orgeneral contractor exercised supervision andcontrol over the work performed at the site orhad actual or constructive notice of thedefective condition causing the accidentinsofar as asserted against him.
[***1] Labor--Safe Place to Work
Levine & Gilbert, New York, N.Y. (Richard A. Gilbert ofcounsel), for appellants.Baron Associates, P.C., Brooklyn, N.Y. (Bruce Provda of counsel), for