Slikas v. Cyclone Realty, LLC

78 A.D.3d 144, 908 N.Y.S.2d 117
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 21, 2010
StatusPublished
Cited by40 cases

This text of 78 A.D.3d 144 (Slikas v. Cyclone Realty, LLC) 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
Slikas v. Cyclone Realty, LLC, 78 A.D.3d 144, 908 N.Y.S.2d 117 (N.Y. Ct. App. 2010).

Opinion

OPINION OF THE COURT

Dillon, J.

I. Relevant Facts

On August 4, 2006 the plaintiff Teresa Slikas tripped and fell over a metal crowbar while in the course of her employment. At the time of the accident, she was employed by Beys General Construction Corp. (hereinafter Beys General), which had two 50% shareholders, George Kougentakas and Eleftherios Kougentakas. The property where the accident occurred was owned [146]*146by the defendant, Cyclone Realty, LLC (hereinafter Cyclone), which leased the premises to Beys General. George Kougentakas (hereinafter Kougentakas) was the sole owner of Cyclone. The plaintiff received workers’ compensation benefits through her employer, Beys General.

The plaintiff commenced this action solely against Cyclone, the property owner, asserting causes of action to recover damages for common-law negligence and violations of Labor Law §§ 200 and 241 (6). In its answer, Cyclone denied the material allegations of the complaint and asserted four affirmative defenses, including the exclusivity provisions of the Workers’ Compensation Law.

At her deposition, the plaintiff testified that on the date of the accident, she was employed as a clerical worker when, at approximately 5:00 p.m., while walking through an entrance doorway into an office used for filing, she tripped when her right toe hit something heavy and caused her to fall head over heels. According to the plaintiff, the area was well lit. A painting contractor had been performing painting services in the vicinity, but the painters had stopped working for the day and were no longer present. After her fall, the plaintiff and the controller of Beys General, Anthony Pafundi, observed a silver metal crowbar lying on the floor in the doorway, which tool was believed to have been used by the painters.

After the completion of discovery, Cyclone moved for summary judgment dismissing the complaint on the ground that the plaintiff was a co-employee of Kougentakas and a special employee of Cyclone, and that any recovery was therefore barred by application of Workers’ Compensation Law §§11 and 29 (6). Cyclone also argued that it was entitled to summary judgment on the negligence and Labor Law § 200 causes of action, as it did not control the means and methods of the painters’ work that resulted in the presence of the mislaid crowbar at the site of the accident or have notice of the mislaid crowbar. Cyclone further contended that it was entitled to summary judgment dismissing the Labor Law § 241 (6) cause of action, because the plaintiff was not a worker protected by that statutory provision.

In opposition, the plaintiff argued, inter alia, that the légal standard governing the negligence and Labor Law § 200 causes of action is not whether Cyclone had control over the means and methods of the painters’ work, but is instead whether Cyclone created the dangerous condition or had actual or constructive notice of it. In furtherance of that argument,- the [147]*147plaintiff cross-moved for leave to amend her bill of particulars to allege actual notice of the dangerous condition. The plaintiff also argued, with reference to the workers’ compensation issue, that she was not a special employee of Cyclone and therefore not barred from bringing this action. The Supreme Court, in an order dated January 27, 2009, granted that branch of Cyclone’s motion which was for summary judgment dismissing the Labor Law § 241 (6) cause of action.

In the order appealed from dated July 2, 2009, the Supreme Court denied those branches of Cyclone’s motion which were for summary judgment dismissing the common-law negligence and Labor Law § 200 causes of action, finding triable issues of fact relating to, inter alia, Cyclone’s “control over the painters,” and, in effect, denied that branch of its motion which was for summary judgment dismissing the complaint in its entirety based upon the exclusivity provisions of the Workers’ Compensation Law.

We affirm, but for reasons other than those identified by the Supreme Court.

II. Common-Law Negligence and Labor Law § 200

Labor Law § 200 is a codification of the common-law duty of property owners and general contractors to provide workers with a safe place to work (see Rizzuto v L.A. Wenger Contr. Co., 91 NY2d 343, 352 [1998]; Comes v New York State Elec. & Gas Corp., 82 NY2d 876, 877 [1993]; Lombardi v Stout, 80 NY2d 290, 294 [1992]).

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Bluebook (online)
78 A.D.3d 144, 908 N.Y.S.2d 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slikas-v-cyclone-realty-llc-nyappdiv-2010.