Abelleira v. City of New York, 120 A.D.3d 1163 (N.Y. App. Div. 2014). · Go Syfert
Abelleira v. City of New York, 120 A.D.3d 1163 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
23 citation events (23 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Zhivov v. Kings Bay Hous. Co., Inc. (2×)
N.Y. App. Div. · 2026 · confidence medium
Here, the plaintiff alleged defects in both the premises and the manner in which the work was performed, and, therefore, KB Housing was required to eliminate all triable issues of fact as to both relevant standards ( see id. ). "'[W]hen a claim arises out of an alleged dangerous premises condition, a property owner or general contractor may be held liable in common-law negligence and under Labor Law § 200 when the owner or general contractor has control over the work site and either created the dangerous condition causing an injury, or failed to remedy the dangerous or defective condition whi…
discussed Cited as authority (rule) Cucchiarella v. Tishman Interiors Corp.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
The board may make rules to carry into effect the provisions of this section.” Liability under Labor Law § 200 “generally falls into two broad categories: instances involving the manner in which the work is performed, and instances in which workers are injured as a result of dangerous or defective premises conditions at a work site” (Abelleira v City of New York, 120 AD3d 1163, 1164 [2d Dept 2014]).
discussed Cited as authority (rule) Cucchiarella v. Tishman Interiors Corp.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
The board may make rules to carry into effect the provisions of this section.” Liability under Labor Law § 200 “generally falls into two broad categories: instances involving the manner in which the work is performed, and instances in which workers are injured as a result of dangerous or defective premises conditions at a work site” (Abelleira v City of New York, 120 AD3d 1163, 1164 [2d Dept 2014]).
discussed Cited as authority (rule) Estrella v. Times Sq. Hotel Owner LLC
N.Y. Sup. Kings · 2024 · confidence medium
"When a claim arises out of an alleged dangerous premises condition, a property owner or general contractor may be held liable in common-law negligence and under Labor Law § 200 when the owner or general contractor has control over the work site and either created the dangerous condition causing an injury, or failed to remedy the dangerous or defective condition while having actual or constructive notice of it" (Abelleira v. City ofNY, 120 AD3d 1163, 1164 [2d Dept 2014] [citations omitted]).
discussed Cited as authority (rule) Viveros v. Maserati Realty, LLC
N.Y. Sup. Kings · 2024 · confidence medium
Where a premises condition is at issue, property owners and general contractors may be held liable under·common-law negligence and for a violation of Labor Law § 200 if they either created the dangerous condition that caused the accident or had actual or constructive notice of the dangerous condition that caused the accident (Abelleira v City of New York, 120 AD3d 1163, 1164 [2d Dep't 2014]; Bauman v Town ofIslip, 120 AD3d 603, 605 [2d Dep't 2014]; Ortega v Puccia, 57 AD3d 54, 61 [2d Dep't 2008]).
discussed Cited as authority (rule) Shaughnessy v. Huntington Hospital Ass'n
N.Y. App. Div. · 2017 · confidence medium
If a plaintiff’s injuries stem not from the manner in which the work was being performed, but from a dangerous condition on the premises, a contractor may be held liable in common-law negligence and under Labor Law § 200 if it had control over the work site and either created or had actual or constructive notice of the dangerous condition (see Abelleira v City of New York, 120 AD3d 1163, 1164 [2014]; Bruno v Board of Educ. of Cent.
discussed Cited as authority (rule) Guallpa v. Canarsie Plaza, LLC
N.Y. App. Div. · 2016 · confidence medium
First, 12 NYCRR 23-9.2 (b) (1) is merely a general safety standard that does not give rise to a nondelegable duty under Labor Law § 241 (6) (see Abelleira v City of New York, 120 AD3d 1163, 1165 [2014]; Gonzalez v Perkan Concrete Corp., 110 AD3d 955, 958 [2013]; Scott v Westmore Fuel Co., Inc., 96 AD3d 520, 521 [2012]; Hricus v Aurora Contrs., Inc., 63 AD3d 1004, 1005 [2009]; Berg v Albany Ladder Co., Inc., 40 AD3d 1282 , 1285 [2007], affd 10 NY3d 902 [2008]).
discussed Cited as authority (rule) Korostynskyy v. 416 Kings Highway, LLC
N.Y. App. Div. · 2016 · confidence medium
Liability on common-law negligence and Labor Law § 200 causes of action “generally falls into two broad categories: instances involving the manner in which the work is performed, and instances in which workers are injured as a result of dangerous or defective premises conditions at a work site” (Abelleira v City of New York, 120 AD3d 1163, 1164 [2014]).
cited Cited "see" Macancela v. E.W. Howell Co. LLC
N.Y. Sup. Kings · 2024 · signal: see · confidence high
See Abelleira v City of New York , 120 AD3d 1163, 1164 (2d Dept 2014); Bauman v Town of Islip , 120 AD3d 603, 605 (2d Dept 2014); Ortega v Puccia , 57 AD3d 54, 61 (2d Dept 2008).
discussed Cited "see" Saraiva v. 540 Fulton Owner LLC
N.Y. Sup. Kings · 2024 · signal: see · confidence high
"Cases involving Labor Law§ 200 fall into two broad categories: namely, those where workers are injured as a result of dangerous or defective premises conditions at a work site, and those involving the manner in which the work is performed" ( Ortega v Puccia, 57 AD3d 54, 61 [2d Dept 2008]; see Chowdhury v Rodriguez, 57 AD3d 121, 128 [2d Dept 2008]). ,· Where "a claim arises out of an alleged dangerous premises condition, a property owner or general contractor may be held liable in common-law negligence and under Labor Law § 200 when the owner or general contractor has control over the work …
Retrieving the full opinion text from the archive…
Fernando Abelleira Et Al., Appellants-Respondents,
v.
City of New York Et Al., Respondents-Appellants
2012-08913.
Appellate Division of the Supreme Court of the State of New York.
Sep 10, 2014.
120 A.D.3d 1163
Dickerson, Leventhal, Cohen, Hinds-Radix.
Cited by 20 opinions  |  Published

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Baynes, J), dated May 18, 2012, as denied those branches of their cross motion which were for summary judgment on the issue of liability on the causes of action alleging common-law negligence and violations of Labor Law §§ 200 and 241 (6), and, in effect, upon searching the record, awarded summary judgment to the defendants dismissing the cause of action alleging a violation of Labor Law § 241 (6), and the defendants cross-appeal from the same order.

Ordered that the cross appeal is dismissed as withdrawn; and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the defendants are awarded one bill of costs.

On September 30, 2010, the day of the subject accident, the plaintiff Fernando Abelleiera (hereinafter the injured plaintiff), was working as a construction foreman employed by nonparty John E Picone, Inc. (hereinafter Picone), for a construction project allegedly being undertaken by the defendants, the City of New York and the New York City Department of Environmental Protection. On that day, the injured plaintiff was using a pneumatic pipe plug to pressure test a pipe that was 42 inches in diameter. According to the injured plaintiff’s affidavit, he inspected the plug and “it appeared normal to me, although it was older and used.” He proceeded three to four feet into the pipe, inserted the plug into its interior, and inflated the plug “ever so slightly so I could check it for leaks.” Upon noticing several air bubbles on the plug, which suggested a leak, the injured plaintiff called over his supervisor from Picone, who told the injured plaintiff that the plug was defective and to discontinue using it. As soon as the supervisor stepped away[*1164] from the pipe, the plug exploded without warning, propelling the injured plaintiff into the air and onto an “I” beam, where he came to rest.

The Supreme Court properly denied that branch of the plaintiffs’ cross motion which was for summary judgment on the issue of liability on the causes of action alleging common-law negligence and a violation of Labor Law § 200. Such liability generally falls into two broad categories: instances involving the manner in which the work is performed, and instances in which workers are injured as a result of dangerous or defective premises conditions at a work site (see Ortega v Puccia, 57 AD3d 54, 61 [2008]). When a claim involves the manner in which the work is performed, meaning it arises out of alleged defects or dangers in the methods or materials of the work (see Ortega v Puccia, 57 AD3d at 61), recovery against the owner or general contractor for common-law negligence or a violation of Labor Law § 200 is unavailable unless it is shown that the defendant had the authority to supervise or control the performance of the work (see Rizzuto v L.A. Wenger Contr. Co., 91 NY2d 343 [1998]; Russin v Louis N. Picciano & Son, 54 NY2d 311, 317 [1981]; Klimowicz v Powell Cove Assoc., LLC, 111 AD3d 605, 607 [2013]; Gallello v MARJ Distribs., Inc., 50 AD3d 734, 735 [2008]; Dooley v Peerless Importers, Inc., 42 AD3d 199, 204-205 [2007]). Here, the plaintiffs failed to establish, prima facie, that the defendants had the authority to supervise or control the performance of the work being performed at the time of the accident so as to render them liable for the accident under a theory of common-law negligence or pursuant to Labor Law §200.

When a claim arises out of an alleged dangerous premises condition, a property owner or general contractor may be held liable in common-law negligence and under Labor Law § 200 when the owner or general contractor has control over the work site and either created the dangerous condition causing an injury, or failed to remedy the dangerous or defective condition while having actual or constructive notice of it (see Eversfield v Brush Hollow Realty, LLC, 91 AD3d 814 [2012]; Bruno v Board of Educ. of Cent. School Dist. #5, 74 AD3d 1114 [2010]; Martinez v City of New York, 73 AD3d 993 [2010]). Here, the plaintiffs failed to establish, prima facie, that the defendants either created or had actual or constructive notice of an allegedly dangerous condition constituting a proximate cause of the subject accident.

The Supreme Court properly denied that branch of the plaintiffs’ cross motion which was for summary judgment on[*1165] the issue of liability on the cause of action alleging a violation of Labor Law § 241 (6), and properly, in effect, searched the record and awarded summary judgment to the defendants dismissing that cause of action. In order to recover under Labor Law § 241 (6), a plaintiff must plead and prove a violation of a specific provision of the Industrial Code (see Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 505 [1993]; Galarraga v City of New York, 54 AD3d 308, 309 [2008]), which sets forth a specific standard of conduct and not simply a recitation of common-law safety principles (see St. Louis v Town of N. Elba, 16 NY3d 411, 414 [2011]). However, the two Industrial Code provisions relied upon by the plaintiffs, 12 NYCRR 23-9.2 (a) and (b) (1), are inapplicable to the facts of this case. Moreover, with respect to the alleged violation of 12 NYCRR 23-9.2 (b) (1), this Court has held that the provision is “merely a general safety standard that does not give rise to a nondelegable duty under [Labor Law § 241 (6)]” (see Hricus v Aurora Contrs., Inc., 63 AD3d 1004, 1005 [2009]).

Accordingly, the order should be affirmed insofar as appealed from.

Inasmuch as the defendants specifically state in their brief that they are withdrawing their cross appeal, we dismiss the cross appeal as withdrawn.

Dickerson, J.E, Leventhal, Cohen and Hinds-Radix, JJ., concur.