Siguencia v. City of New York

Appellate Division of the Supreme Court of New York

Siguencia v. City of New York

138 A.D.3d 605, 28 N.Y.S.3d 861

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 26, 2016

Docket918 160680/13

StatusPublished

Cited by1 cases

This text of 138 A.D.3d 605 (Siguencia v. City of New York) 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.

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Siguencia v. City of New York, 138 A.D.3d 605, 28 N.Y.S.3d 861 (N.Y. Ct. App. 2016).

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Opinion

Order, Supreme Court, New York County (Frank P. Ñervo, J.), entered on or about December 5, 2014, which, to the extent appealed from as limited by the briefs, granted the City’s motion for summary judgment dismissing plaintiff’s Labor Law §§ 240 and 241 claims, unanimously reversed, on the law, without costs, and the motion denied.

The City concedes that the court improperly dismissed the Labor Law §§ 240 and 241 claims on the ground that the City was an out-of-possession landlord, since the statutes impose liability on property owners without regard to the owner’s degree of supervision or control over the premises (Gordon v Eastern Ry. Supply, 82 NY2d 555, 559-560 [1993]; Celestine v City of New York, 86 AD2d 592 [2d Dept 1982], affd 59 NY2d 938 [1983]).

Concur — Sweeny, J.P, Saxe, Moskowitz, Gische and Webber, JJ.

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Order, Supreme Court, New York County (Frank P. Ñervo, J.), entered on or about December 5, 2014, which, to the extent appealed from as limited by the briefs, granted the City’s motion for summary judgment dismissing plaintiff’s Labor Law §§ 240 and 241 claims, unanimously reversed, on the law, without costs, and the motion denied.

The City concedes that the court improperly dismissed the Labor Law §§ 240 and 241 claims on the ground that the City was an out-of-possession landlord, since the statutes impose liability on property owners without regard to the owner’s degree of supervision or control over the premises (Gordon v Eastern Ry. Supply, 82 NY2d 555, 559-560 [1993]; Celestine v City of New York, 86 AD2d 592 [2d Dept 1982], affd 59 NY2d 938 [1983]).

Concur — Sweeny, J.P, Saxe, Moskowitz, Gische and Webber, JJ.

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Bluebook (online)

138 A.D.3d 605, 28 N.Y.S.3d 861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siguencia-v-city-of-new-york-nyappdiv-2016.

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