Chowdhury v. Rodriguez

57 A.D.3d 121, 867 N.Y.2d 123
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 5, 2008
StatusPublished
Cited by429 cases

This text of 57 A.D.3d 121 (Chowdhury v. Rodriguez) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chowdhury v. Rodriguez, 57 A.D.3d 121, 867 N.Y.2d 123 (N.Y. Ct. App. 2008).

Opinion

OPINION OF THE COURT

Dillon, J.

We recently had occasion in Ortega v Puccia (57 AD3d 54 [2d Dept 2008]) to discuss the legal standard governing Labor Law § 200 when a plaintiff is injured at a work site because of dangerous or defective equipment provided by, the plaintiff’s own employer. We held that a property owner’s liability under such circumstances depends upon whether the owner had the authority to supervise or control the work, and does not depend upon prior actual or constructive notice, which is the legal stan[123]*123dard applicable to cases where a plaintiff is injured as a result of a dangerous or defective premises condition. We did not have the opportunity under the facts of Ortega to discuss the appropriate legal standard under Labor Law § 200 when the property owner, rather than the employer, provides the equipment that causes the worker’s injury. Interesting questions are raised under such circumstances, such as: Is defective equipment provided by a property owner akin to a “premises condition,” where creation of the defect and prior notice are the key elements considered when determining liability, or is such equipment an aspect of the methods and means of the work, where an owner’s authority to control those methods and means is key to the liability inquiry? There is confusion within the bar over these legal standards, which are misapplied in some instances and improperly blended in others. For the reasons set forth below, we hold that when a property owner lends its own equipment to a worker which then causes injury, the legal standard that governs claims under Labor Law § 200 is whether the owner created the dangerous or defective condition or had actual or constructive notice thereof.

I. Relevant Facts

The plaintiff, Nazrul Chowdhury, was injured on July 1, 2004, some time after 3:00 p.m., while working in the scope of his employment as a laborer with Williamsburg Construction (hereinafter Williamsburg). Williamsburg had been hired by the defendants, Antonio Rodriguez, Judith Rodriguez, Jim W. Cruz, and Clemente Almonte, to reconstruct the front porches of their two-family home in Ridgewood. Antonio Rodriguez and Judith Rodriguez resided in one portion of the home with their children, as well as with Judith Rodriguez’s mother and brother. The second portion of the home was occupied by Almonte.

Work proceeded on the porch reconstruction for more than three months before the accident occurred. The plaintiff’s supervisor on the project was Abdul Hai, who had the assistance of a helper, Ashref Ali, whom he supervised.

The plaintiff testified at his deposition that there were many commingled tools at the work site belonging to both Williams-burg and the homeowners, and that he used whatever tools he needed. There were occasions when he needed to use a long ladder and a short ladder. The long ladder was borrowed from a neighbor and used to access the roof. The shorter ladder was 10-to-12-feet high and belonged to the Rodriguezes. The plaintiff claimed that Judith Rodriguez gave him permission to [124]*124use the short ladder on the first occasion that he needed it, but thereafter, he “would just take it and use it.” According to the plaintiff, the short ladder was “perfect for the work,” but it did not have rubber at the bottom. The ladder apparently slipped on occasions prior to the accident, but the plaintiff never discussed the absence of rubber feet with anyone prior to the accident.

The plaintiff was on the short ladder when the accident occurred. He had positioned the ladder so that its top was leaning against the porch while the bottom was positioned on the defendants’ sloped driveway. The ladder shook and moved a little bit, so the plaintiff instructed Ali to hold it while the plaintiff performed cement work. The plaintiff later instructed Ali to retrieve additional cement. While Ali was gone, the plaintiff continued working on the ladder until it slipped and he fell from the ladder onto the driveway.

This action ensued. In a summons and complaint filed on May 26, 2005, the plaintiff asserted four causes of action to recover damages for common-law negligence and violations of Labor Law § 240 (1) and § 241 (6) and § 200. The defendants Antonio Rodriguez, Judith Rodriguez, and Cruz interposed an answer dated August 2, 2005,1 which denied the material allegations of the complaint and which asserted, inter alia, affirmative defenses that the causes of action premised upon Labor Law §§ 240 and 241 were barred by the homeowners’ exemption. There is no evidence in the record that the defendants ever made a demand for, or that the plaintiff ever served, a bill of particulars.

On November 14, 2006, after depositions had been conducted, the defendants named in the original complaint (hereinafter the defendants) moved for summary judgment dismissing the causes of action insofar as asserted against them.2 The defendants contended that, as to the Labor Law §§ 240 and 241 claims, summary judgment was warranted under the single- and two-family homeowners’ exemption contained in those statutes. The defendants also argued that they were entitled to summary [125]*125judgment on the negligence and Labor Law § 200 claims because they did not direct or control the plaintiffs work. In an affidavit, Judith Rodriguez maintained that neither she nor the other defendants supplied the plaintiff with any equipment or materials, and did not instruct or supervise the performance of the plaintiffs work.3 The motion made no specific mention of the short ladder or its condition, beyond the all-encompassing denial in Judith Rodriguez’s affidavit of having provided the plaintiff with no materials or supplies.

In opposition, the plaintiff argued that dismissal of the Labor Law §§ 240 and 241 claims was not warranted because Judith Rodriguez directed and controlled the work as to defeat the two-family homeowners’ exception of the statutes. The plaintiff argued that Antonio Rodriguez and Judith Rodriguez attended the job site daily and “involved themselves in all decisions regarding the refurbishing of the [pjremises, the form and aesthetics of the work being performed, as well as the consideration of alternative methods of construction in order to comply with their desires.” The plaintiff argued that the defendants also oversaw the progress of the job, discussing with them on a typical day the tasks that were to be accomplished and what, if anything, needed to be modified from the day before. One specific example involved Judith Rodriguez’s direction that the plaintiff redo a day’s worth of grouting because she didn’t like the “color and texture of the grout.” Another example involved Judith Rodriguez instructing the plaintiff to make sure that the stonework was straight and perfectly angled.

Regarding the negligence and Labor Law § 200 causes of action, the plaintiff contended that the defendants were not entitled to summary judgment dismissing those causes of action. Specifically, the plaintiff asserted that the:

“defendants exercised supervisory control over the work being performed and had actual and/or constructive notice of the dangerous manner in which the work was being done and the lack of proper safety devices at the site—they observed plaintiff using the ladder they provided and knew that it lacked appropriate footings and safety devices.”

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Cite This Page — Counsel Stack

Bluebook (online)
57 A.D.3d 121, 867 N.Y.2d 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chowdhury-v-rodriguez-nyappdiv-2008.