Messina v. City of New York, 2017 NY Slip Op 640 (N.Y. App. Div. 2017). · Go Syfert
Messina v. City of New York, 2017 NY Slip Op 640 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
34 citation events (34 in the last 25 years) across 2 distinct courts.
Strongest positive: Veloso v. City of New York (nyappdiv, 2026-04-09)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Veloso v. City of New York
N.Y. App. Div. · 2026 · confidence medium
"General supervisory authority at a work site, the right to stop a contractor's work if a safety violation is observed, or the authority to ensure compliance with safety regulations or the terms of a contract is insufficient to impose liability" (<i>Messina v City of New York</i>, 147 AD3d 748, 749 [2d Dept 2017]; <i>see Palumbo v Citigroup Tech., Inc.</i>, 240 AD3d 455 , 457 [1st Dept 2025]).
discussed Cited as authority (rule) Cianciulli v. Urban Found./Engg., LLC
N.Y. App. Div. · 2025 · confidence medium
"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). "'When the methods or materials of the work are at issue, recovery against the owner or general contractor [or their agent] cannot be had . . . unless it is shown that the party to be charged had the authority to supervise or control the performance of the work'" ( Kearney v Dynegy, Inc. , 151 AD3d 1037, 1039 [internal…
discussed Cited as authority (rule) Isaacs v. Thor 180 Livingston LLC
N.Y. Sup. Kings · 2025 · confidence medium
NO. 253 RECEIVED NYSCEF: 01/15/2025 2017]). 10 This court find that there is no issue of fact shown by testimony regarding Defendants' authority to stop the work, as such general supervisory authority is insufficient to demonstrate an issue of fact with respect to supervision and control of the means and methods of work (see Murphy v 80 Pine, LLC, 208 AD3d 492, 496 [2d Dept 2022]; Abelleira v City of New York, 201 AD3d 679 . 680 [2d Dept 2022]; Goldfien v County of Suffolk, 157 AD3d 937 , 938 [2d Dept 2018]; Messina v City of New York, 147 AD3d 748, 749-750 [2d Dept 2017]).
discussed Cited as authority (rule) Ahmed v. Essex Terrace, Inc.
N.Y. Sup. Kings · 2024 · confidence medium
Contrary to plaintiff’s contentions, Prisma’s general contractual safety responsibilities are insufficient to demonstrate supervision and control for purposes of liability under the plaintiff’s common law negligence and Labor Law § 200 claims (see Murphy v 80 Pine, LLC, 208 AD3d 492, 496 [2d Dept 2022]; Abelleira v City of New York, 201 AD3d 679 , 680 [2d Dept 2022]; Goldfien v County of Suffolk, 157 AD3d 937 , 938 [2d Dept 2018]; Messina v City of New York, 147 AD3d 748, 749-750 [2d Dept 2017]; Ortega, 57 AD3d at 61-63 ).
cited Cited as authority (rule) Debennedetto v. Chetrit
N.Y. App. Div. · 2021 · confidence medium
Corp. , 166 AD3d at 856; Messina v City of New York , 147 AD3d at 749).
discussed Cited "see" Kauffman v. Turner Constr. Co. (2×)
N.Y. App. Div. · 2021 · 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 ; see Messina v City of New York , 147 AD3d 748, 749 ).
discussed Cited "see" Wells Fargo Bank, N.A. v. Harrigan
N.Y. App. Div. · 2020 · signal: see · confidence high
However, because the defendant failed to oppose that motion, he "is not aggrieved by the order granting it and is precluded on appeal from challenging the propriety of that order" ( Wells Fargo Bank, N.A. v Estwick , 160 AD3d 911 , 911, citing CPLR 5511; see Messina v City of New York , 147 AD3d 748, 748 ; Xavier Constr.
discussed Cited "see" Channer v. ABAX Inc.
N.Y. App. Div. · 2019 · 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 worksite, and those involving the manner in which the work is performed" ( Ortega v Puccia , 57 AD3d 54, 61 ; see Messina v City of New York , 147 AD3d 748, 749 ).
discussed Cited "see" Kearney v. Dynegy, Inc. (2×)
N.Y. App. Div. · 2017 · 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 at 61 ; see Messina v City of New York, 147 AD3d 748, 749 [2017]).
Retrieving the full opinion text from the archive…
Alexander Messina III, Appellant,
v.
City of New York Et Al., Respondents
2014-11078.
Appellate Division of the Supreme Court of the State of New York.
Feb 1, 2017.
2017 NY Slip Op 640
Chambers, Roman, Miller, Barros.
Cited by 259 opinions  |  Published

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Weiss, J.), entered September 17, 2014, as granted that branch of the defendants’ motion which was for summary judgment dismissing the cause of action alleging violations of Labor Law § 200.

Ordered that the appeal from so much of the order as granted that branch of the defendants’ motion which was for summary judgment dismissing the cause of action alleging violations of Labor Law § 200 insofar as asserted against the defendants City of New York, New York City Department of Education, and New York City School Construction Authority is dismissed, as the plaintiff is not aggrieved by that portion of the order (see CPLR 5511; Mixon v TBV, Inc., 76 AD3d 144 [2010]); and it is further,

Ordered that the order is affirmed insofar as reviewed, with one bill of costs.

The plaintiff, a mason tender, allegedly sustained personal injuries while cutting cinder blocks when the wet saw he was using, which was supplied by his employer, jammed and cut his hand. The plaintiff was employed by nonparty D’Aprile, Inc., a subcontractor hired by the defendant Citnalta Construction Corp. (hereinafter Citnalta), to perform masonry work on a construction project at premises allegedly owned and operated by the defendants City of New York, New York City-Department of Education, and New York City School Construction Authority. The plaintiff commenced this action alleging, inter alia, violations of Labor Law § 200.

As a threshold matter, the appeal from so much of the order as granted that branch of the defendants’ motion which was for summary judgment dismissing the cause of action alleging violations of Labor Law § 200 insofar as asserted against the defendants City of New York, New York City Department of Education, and New York City School Construction Authority must be dismissed. The plaintiff did not oppose that branch of the motion and, therefore, is not aggrieved by that portion of the order (see CPLR 5511; Ponce-Francisco v Plainview-Old Bethpage Cent. School Dist., 83 AD3d 683, 684 [2011]).

[*749] “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 [2008]; see Cody v State of New York, 82 AD3d 925, 926 [2011]; McKee v Great Atl. & Pac. Tea Co., 73 AD3d 872, 873 [2010]; Chowdhury v Rodriguez, 57 AD3d 121, 128 [2008]; Markey v C.F.M.M. Owners Corp., 51 AD3d 734, 736 [2008]). Underlying both standards is the authority of the defendant to rectify any dangerous or defective condition existing on the premises or to remedy any unsafe method or manner of work (see Comes v New York State Elec. & Gas Corp., 82 NY2d 876, 877 [1993]; Chowdhury v Rodriguez, 57 AD3d at 129-130; Markey v C.F.M.M. Owners Corp., 51 AD3d at 736).

When the methods or materials of the work are at issue, “recovery against the owner or general contractor cannot be had . . . unless it is shown that the party to be charged had the authority to supervise or control the performance of the work” (Ortega v Puccia, 57 AD3d at 61; see Comes v New York State Elec. & Gas Corp., 82 NY2d at 877; Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 505 [1993]; Piloto v 866 U.N. Plaza Assoc., LLC, 77 AD3d 644, 646 [2010]; McKee v Great Atl. & Pac. Tea Co., 73 AD3d at 874; Haider v Davis, 35 AD3d 363, 364 [2006]). General supervisory authority at a work site, the right to stop a contractor’s work if a safety violation is observed, or the authority to ensure compliance with safety regulations or the terms of a contract is insufficient to impose liability under Labor Law § 200 (see Opalinski v City of New York, 110 AD3d 694, 695-696 [2013]; Torres v Perry St. Dev. Corp., 104 AD3d 672, 676 [2013]; Ortega v Puccia, 57 AD3d at 62). Rather, the defendant must have had the “responsibility for the manner in which the [plaintiff’s] work is performed” (Ortega v Puccia, 57 AD3d at 62; see Piloto v 866 U.N. Plaza Assoc., LLC, 77 AD3d at 646; McKee v Great Atl. & Pac. Tea Co., 73 AD3d at 874).

Here, Citnalta established its prima facie entitlement to judgment as a matter of law by demonstrating that the subject accident was caused by the means and methods of the plaintiff’s work, that the plaintiff’s work was directed and controlled by his employer, and that it had no authority to exercise supervisory control over his work (see Opalinski v City of New York, 110 AD3d at 695; Koat v Consolidated Edison of N.Y., Inc., 98 AD3d 474, 475-476 [2012]; McKee v Great Atl. & Pac. Tea Co., 73 AD3d at 873; Ortega v Puccia, 57 AD3d at 62; Markey v [*750] C.F.M.M. Owners Corp., 51 AD3d at 737; Haider v Davis, 35 AD3d at 364). The plaintiff’s evidence of Citnalta’s general supervision of the project and overall compliance with safety standards was insufficient to raise a triable issue of fact in opposition (see Opalinski v City of New York, 110 AD3d at 695; Koat v Consolidated Edison of N.Y., Inc., 98 AD3d at 475-476; Piloto v 866 U.N. Plaza Assoc., LLC, 77 AD3d at 646; McKee v Great Atl. & Pac. Tea Co., 73 AD3d at 874; Ortega v Puccia, 57 AD3d at 63; Markey v C.F.M.M. Owners Corp., 51 AD3d at 736-737). Further, contrary to the plaintiff’s contention, he failed to raise a triable issue of fact as to whether his injuries arose from a dangerous or defective premises condition (see Comes v New York State Elec. & Gas Corp., 82 NY2d at 877; Cody v State of New York, 82 AD3d at 926; Ortega v Puccia, 57 AD3d at 62).

Chambers, J.P., Roman, Miller and Barros, JJ., concur.