Hanrahan v. Whiting Turner Construction, Inc.

33 A.D.3d 338, 821 N.Y.S.2d 456

Opinion

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered October 11, 2005, which, inter alia, denied so much of defendant-appellant’s cross motion for summary judgment as sought dismissal of plaintiffs common-law negligence claim against it, unanimously affirmed, without costs.

Plaintiff was allegedly injured when he fell over rebar protruding from a ramp under construction. In view of factual questions as to whether defendant-appellant created the complained-of danger by failing to erect barricades around its work site, summary judgment dismissing the common-law negligence cause against it was properly denied. We note that there is also a factual issue as to whether the alleged hazard was open and obvious (see Juoniene v H.R.H. Constr. Corp., 6 AD3d 199 [2004]). Concur—Saxe, J.P., Friedman, Williams, Catterson and Malone, JJ.