Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Cark Kruger '04 Litigation

Cark Kruger '04 Litigation

Ratings: (0)|Views: 27 |Likes:
Published by thebrooklynpolitics
http://www.thebrooklynpolitics.com
http://www.thebrooklynpolitics.com

More info:

Published by: thebrooklynpolitics on Mar 17, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

07/22/2014

pdf

text

original

 
6 A.D.3d 390, *; 773 N.Y.S.2d 898, **;2004 N.Y. App. Div. LEXIS 3855, ***
 
James Gatto et al., Appellants, v. Gerald Turano et al., Defendants,and Carl Kruger, Sued Herein as Carl Cruger, Respondent. (IndexNo. 12010/00)2003-02256SUPREME COURT OF NEW YORK, APPELLATE DIVISION,SECOND DEPARTMENT6 A.D.3d 390; 773 N.Y.S.2d 898; 2004 N.Y. App. Div. LEXIS 3855March 12, 2004, SubmittedApril 5, 2004, Decided
CASE SUMMARY
 
PROCEDURAL POSTURE:
Plaintiffs, injured parties,sought review of a decision of the Supreme Court,Kings County, (New York), which granted summaryjudgment in favor of defendant in an action filedby plaintiffs to recover damages for common-lawnegligence.
 
OVERVIEW:
The court held that defendant had notshown that he was entitled to summary judgment inplaintiffs' action. Defendant failed to meet hisburden of establishing his prima facie entitlementto judgment as a matter of law by demonstratingthat he did not supervise or control the workperformed at the site, or have actual orconstructive notice of the alleged defectivecondition that caused the injured plaintiff'saccident. The lower court improperly granted thatbranch of defendant's motion for summary judgment
 
that dismissed the cause of action againstdefendant for common-law negligence insofar asasserted against defendant.
 
OUTCOME:
The court reversed the judgment of thelower court and reinstated the cause of actionagainst defendant.
 
CORE TERMS:
common-law, action to recover damages, summaryjudgment, site, general contractor, defective condition, constructivenotice, safe, modified
LexisNexis® Headnotes
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.
 
HEADNOTES
 [***1] Labor--Safe Place to Work
COUNSEL:
Levine & Gilbert, New York, N.Y. (Richard A. Gilbert ofcounsel), for appellants.Baron Associates, P.C., Brooklyn, N.Y. (Bruce Provda of counsel), for
 
respondent.
JUDGES:
FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT,THOMAS A. ADAMS, REINALDO E. RIVERA, JJ. SANTUCCI, J.P.,SCHMIDT, ADAMS and RIVERA, JJ., concur.
OPINION
 [*390] [**898] In an action to recover damages for personal injuries,etc., the plaintiffs appeal from an order of the Supreme Court, KingsCounty (Jackson, J.), dated February 24, 2003, which granted themotion of the defendant Carl Kruger, sued herein as Carl Cruger forsummary judgment dismissing the complaint insofar as assertedagainst him.[**899] Ordered that the order is modified, on the law, by deletingthe provision thereof granting that branch of the motion which was forsummary judgment dismissing the cause of action to recoverdamages for common-law negligence insofar as asserted against thedefendant Carl Kruger, sued herein as Carl Cruger and substitutingtherefor a provision denying that branch of the motion; as somodified, the order is affirmed, with costs, and the [***2] cause ofaction to recover damages for common-law negligence insofar asasserted against Carl Kruger, sued herein as Carl Cruger isreinstated.
"A common-law duty rests on an owner or general contractor toprovide a safe place to work which protects employees ofsubcontractors(
see 
27 N.Y.2d103, 106, 261 N.E.2d 635, 313 N.Y.S.2d 715 [1970]). Liability forcommon-law negligence will attach where a plaintiff's injuries weresustained as the result of a defective or dangerous condition at awork site, only if the owner or general contractor exercisedsupervision and control over the work performed at the site or hadactual or constructive notice of the defective condition causing theaccident (
see 

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->