Singh v. Black Diamonds LLC, 24 A.D.3d 138 (N.Y. App. Div. 1st Dep't 2005). · Go Syfert
Singh v. Black Diamonds LLC, 24 A.D.3d 138 (N.Y. App. Div. 1st Dep't 2005). Cases Citing This Book View Copy Cite
Quick Summary

Liability under Labor Law § 200 requires a plaintiff to prove the defendant had the authority to control the activity causing the injury to avoid or correct an unsafe condition.

A construction worker sustained injuries after falling through a roof opening and sued the construction manager for negligence and violations of Labor Law § 200. The court considers whether the construction manager is liable for the unsafe condition. To prevail under Labor Law § 200, a plaintiff must demonstrate that the defendant had the authority to control the activity bringing about the injury to enable it to avoid or correct an unsafe condition. Because the construction manager's conduct of performing regular walk-throughs and having the authority to correct unsafe conditions constitutes general supervision rather than the specific control required for liability, the court affirms the dismissal of the claims against the construction manager.

70 citation events (70 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 2006 → 2026 · click a year to view as-of
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Cited for
At page 140 Determining liability through control or supervision of work19 citing cases“conducted regular walk-throughs and, if he observed an unsafe condition, had the authority to find whoever was responsible for the condition and have them correct it or, if necessary, stop the work”3 citing courts quote it · 18 listed here
  • Brito v. City of New York, 2024 NY Slip Op 31689(U) (N.Y. Sup. Ct., New York Cty. 2024).unpublished
    (Singh v Black Diamonds LLC, 24 AD3d 138, 140 [1st Dept 2005][fact that party "conducted regular walk-throughs and, ifhe observed an unsafe condition, had the authority to find whoever was responsible for the condition and have them correc…
  • Martinez v. 1380 Hous. Dev. Fund Corp., 2024 NY Slip Op 30805(U) (N.Y. Sup. Ct., New York Cty. 2024).unpublished
    NO. 322 RECEIVED NYSCEF: 03/13/2024 A Th~ 13 80 Defendants' Motion for Summury Judgment Oismissing Plaintiffs Common Law KcQ.]luence and Labor I .aw '}00 Claim~ as Against the 1380 Dcfc:ndants 1~ Grwiled Section 200 of the ! ,abor Law "is…
  • Portalatin v. Tully Constr. Co.-E.E. Cruz & Co., 155 A.D.3d 799 (N.Y. App. Div. 2d Dep't 2017).published
    The defendants’ authority to monitor safety conditions at the work site is merely indicative of their “general supervision and coordination of the work site and is insufficient to trigger liability” (Singh v Black Diamonds LLC, 24 AD3d 138…
  • Ciechorski v. City of New York, 154 A.D.3d 413 (N.Y. App. Div. 1st Dep't 2017).published
    The evidence showed that Hudson exercised only general oversight over the performance of the work and site safety conditions, which is “insufficient to trigger liability” (Singh v Black Diamonds LLC, 24 AD3d 138, 140 [1st Dept 2005]).
  • Marquez v. L & M Dev. Partners, Inc., 141 A.D.3d 694 (N.Y. App. Div. 2d Dep't 2016).published
    PSS established, prima facie, that it did not have the authority to supervise or control the performance of the work (see Singh v Black Diamonds LLC, 24 AD3d 138, 140 [2005]).
  • Morales v. Avalon Bay Communities, Inc., 140 A.D.3d 533 (N.Y. App. Div. 1st Dep't 2016).published
    The evidence that defendant exercised general oversight over plaintiff’s work was insufficient to establish that defendant exercised supervisory control over the means or methods of the work (see Singh v Black Diamonds LLC, 24 AD3d 138, 14…
  • Maddox v. Tishman Constr. Corp., 138 A.D.3d 646 (N.Y. App. Div. 1st Dep't 2016).published
    However, regular general inspection of a site to ensure that work is progressing according to schedule and the authority to stop any work perceived to be unsafe are not enough to warrant imposing liability (id. at 449; Singh v Black Diamon…
  • Alonzo v. Safe Harbors of the Hudson Hous. Dev. Fund Co., 104 A.D.3d 446 (N.Y. App. Div. 1st Dep't 2013).published 2 cites
    Where, as here, a construction accident arises out of the means and methods of the work, as opposed to a dangerous condition on the site, liability under Labor Law § 200 or for common-law negligence may be imposed where the defendant “exer…
  • Williams v. City of New York, 74 A.D.3d 479 (N.Y. App. Div. 1st Dep't 2010).published
    Finally, F&R failed to establish that the Dormitory Authority and Bovis actually exercised any authority they had over plaintiffs work on the morning he was injured (see Singh v Black Diamonds LLC, 24 AD3d 138, 140 [2005]).
  • Fontaine v. Juniper Assocs., 26 Misc. 3d 493 (N.Y. Sup. Ct. 2009).published
    (Singh v Black Diamonds LLC, 24 AD3d 138, 140 [1st Dept 2005]; Havlin v City of New York, 17 AD3d at 172-173; Dalanna v City of New York, 308 AD2d 400 [1st Dept 2003]; Reilly v Newireen Assoc., 303 AD2d 214, 219 [1st Dept 2003].) V Labor L…
Show 8 more citing cases
  • Bednarczyk v. Vornado Realty Trust, 63 A.D.3d 427 (N.Y. App. Div. 1st Dep't 2009).published
    However, the deposition testimony establishes that-no such issues of negligence exist as to Vornado, whose employees inspected the work and had the authority to stop it in the event they observed dangerous conditions or procedures but did…
  • Geonie v. OD & P NY Ltd., 50 A.D.3d 444 (N.Y. App. Div. 1st Dep't 2008).published
    Corp., 40 AD3d 305, 309 [2007]; Singh v Black Diamonds LLC, 24 AD3d 138, 140 [2005]).
  • Tighe v. Hennegan Constr. Co., 48 A.D.3d 201 (N.Y. App. Div. 1st Dep't 2008).published
    Plaintiffs claims of common-law negligence and violations of Labor Law § 200 should have been dismissed as against Hennegan, the construction manager, because Hennegan did not exercise any control or supervision over the demolition work ou…
  • Burkoski v. Structure Tone, Inc., 40 A.D.3d 378 (N.Y. App. Div. 1st Dep't 2007).published 2 cites
    (dismissing Labor Law § 200 and common-law negligence claims against general contractor, even though its project superintendent “conducted regular walk-throughs and, if he observed an unsafe condition, had the authority…)
  • Hughes v. Tishman Constr. Corp., 40 A.D.3d 305 (N.Y. App. Div. 1st Dep't 2007).published
    Auth., 35 AD3d 566, 567 [2006]; Singh v Black Diamonds LLC, 24 AD3d 138, 140 [2005]; Carney v Allied Craftsman Gen.
  • O'Sullivan v. IDI Constr. Co., 28 A.D.3d 225 (N.Y. App. Div. 1st Dep't 2006).published 2 cites
    Therefore, while the general contractor’s on-site safety manager may have had overall responsibility for the safety of the work done by the subcontractors, such duty to supervise and enforce general safety standards at the work site was in…
  • Lewis v. Shawmut Woodworking & Supply, Inc., No. 1:18-cv-08662 (S.D.N.Y. Dec. 2, 2021).
    (testimony that construction manager “conducted regular walk-throughs and, if he observed an unsafe condition, had the authority to find whoever was responsible for the condition and have them correct it or, if necessary…)
  • Armentano v. Broadway Mall Props., Inc., 48 A.D.3d 493 (N.Y. App. Div. 2d Dep't 2008).published
    In response to the respondent’s establishment of its prima facie entitlement to judgment as a matter of law (see Raquet v Braun, 90 NY2d 177, 182-183 [1997]; see also Singh v Black Diamonds LLC, 24 AD3d 138, 140 [2005]), the appellants fai…
At page 139 Codifying common law duty for safe workplace15 citing cases“is a codification of the common-law duty imposed upon an owner or general contractor to provide construction site workers with a safe place to work”the opinion's own words at *139, quoted by 28 later opinions · 12 listed here
  • Ziobro v. Milan House Inc., 2025 NY Slip Op 31235(U) (N.Y. Sup. Ct., New York Cty. 2025).unpublished
    Labor Law f 200 Labor Law § 200 "is a codification of the common law duty imposed upon an owner or general contractor to provide construction site workers with a safe place to work" (Singh v Black Diamonds LLC, 24 AD3d 138, 139 [1st Dept 2…
  • Padilla v. 54-62 W. 56 Realty Corp., 2025 NY Slip Op 30084(U) (N.Y. Sup. Ct., New York Cty. 2025).unpublished
    Labor Law§ 200 "is a codification of the common-law duty imposed upon an owner or general contractor to provide construction site workers with a safe place to work" (Singh v Black Diamonds LLC, 24 AD3d 138, 139 [1st Dept 2005] [internal ci…
  • Patino v. 51 W. 81st St. Corp., 2025 NY Slip Op 30076(U) (N.Y. Sup. Ct., New York Cty. 2025).unpublished
    Labor Law § 200 Labor Law § 200 codifies the common law duty of property owners and contractors to provide workers with a safe workplace (see Singh v Black Diamonds LLC, 24 AD3d 138, 139 [1st Dept 2005]).
  • Butler v. Marco Realty Assoc., LP, 2024 NY Slip Op 31230(U) (N.Y. Sup. Ct., New York Cty. 2024).unpublished 3 cites
    Labor Law ~200 and Negligence Claim (MS 007) Labor Law§ 200 "is a codification of the common-law duty imposed upon an owner or general contractor to provide construction site workers with a safe place to work" (Singh v Black Diamonds LLC,…
  • Rivera v. Rotavele El. Inc., 2024 NY Slip Op 30266(U) (N.Y. Sup. Ct., New York Cty. 2024).unpublished
    Labor Law § 200 "is a codification of the common-law duty imposed upon an owner or general contractor to provide construction site workers with a safe place to work." Singh v Black Diamonds LLC, 24 AD3d 138, 139 (1st Dept 2005) (citations…
  • Castellano v. Ann/Nassau Realty LLC, 199 A.D.3d 558 (N.Y. App. Div. 1st Dep't 2021).published 2 cites
    Fund Co., Inc. , 104 AD3d 446 , 449 [1st Dept 2013]; Singh v Black Diamonds LLC , 24 AD3d 138, 139-140 [1st Dept 2005]), and plaintiff failed to raise an issue of fact in opposition.
  • Tzic v. Kasampas, 93 A.D.3d 438 (N.Y. App. Div. 1st Dep't 2012).published
    Co., 91 NY2d 343, 353 [1998]; cf. Singh v Black Diamonds LLC, 24 AD3d 138, 139-140 [2005]).
  • Martinez v. 342 Prop. LLC, 89 A.D.3d 468 (N.Y. App. Div. 1st Dep't 2011).published
    Corp., 40 AD3d 305, 309 [2007]; Singh v Black Diamonds LLC, 24 AD3d 138, 139-140 [2005]).
  • Rodriguez v. JMB Architecture, LLC, 82 A.D.3d 949 (N.Y. App. Div. 2d Dep't 2011).published
    Similarly, no evidence was submitted demonstrating that JMB had any control or supervisory role over the work of the injured plaintiff, so as to enable it to prevent or correct any unsafe conditions and, thus, no triable issues of fact wer…
  • Delahaye v. Saint Anns Sch., 40 A.D.3d 679 (N.Y. App. Div. 2d Dep't 2007).published
    Similarly, since no evidence was submitted to demonstrate that Builders Group had any control or supervisory role over the work of the plaintiff, so as to enable it to prevent or correct any unsafe conditions, or that Builders Group provid…
Show 2 more citing cases
  • Linkowski v. City of New York, 33 A.D.3d 971 (N.Y. App. Div. 2d Dep't 2006).published
    Similarly, since no evidence was submitted to demonstrate that Bovis had any control or supervisory role over the work of the plaintiff, so as to enable it to prevent or correct any unsafe conditions, there is no triable issue of fact as t…
  • Ramos v. HSBC Bank, 29 A.D.3d 435 (N.Y. App. Div. 1st Dep't 2006).published
    “An implicit precondition to this duty ... is that the party charged with that responsibility have the authority to control the activity bringing about the injury” (Russin v Louis N. Picciano & Son, 54 NY2d 311, 317 [1981]; see also Comes…
805 N.Y.S.2d at 60 Supervisory control required for imposing liability under statute2 citing casesliability can only be imposed if defendant exercised control or supervision over the work1 citing court put it this way
  • Gonzalez v. Gotham Org. Inc., No. 1:16-cv-00607 (E.D.N.Y. Sept. 25, 2023).
    (liability can only be imposed if defendant exercised control or supervision over the work)
  • Quishpe v. Urban Atelier Grp., L.L.C., No. 1:21-cv-02723 (E.D.N.Y. Aug. 31, 2023).
    (authority to conduct “regular walk-throughs . . . is insufficient to trigger liability [under § 8 200])
Retrieving the full opinion text from the archive…
Vasudeva Singh, Appellants-Respondents
v.
Black Diamonds LLC, Nastasi White, Inc., and Liberty Contracting Services, Ltd., Appellant-Respondent. Black Diamonds LLC, Third-Party v. Nastasi White, Inc., Third-Party Defendants-Respondents
Appellate Division of the Supreme Court of the State of New York.
Dec 6, 2005.
Published opinion
24 A.D.3d 138
Cited by 43 opinions  |  Published

[*139] Orders, Supreme Court, New York County (Richard F. Braun, J.), entered July 26 and 27, 2004, which, in an action by a construction worker against the site’s owner (Black), construction manager (Bovis), demolition subcontractor (Liberty) and carpentry subcontractor (Nastasi) for personal injuries sustained when plaintiff fell through an opening in the roof, inter alia, denied plaintiffs motion for summary judgment under Labor Law § 240 (1) and § 241 (6) and for disclosure sanctions against Bovis and Black, dismissed plaintiff’s causes of action under Labor Law § 200 and for common-law negligence as against Bovis, denied Liberty’s and Nastasi’s motions for summary judgment dismissing the complaint as against them, granted Bovis and Black conditional summary judgment on their cross claim for contractual indemnification against Liberty, and granted the motion of third-party defendant roofing contractor, plaintiffs employer (Geiger), for summary judgment dismissing Bovis’s and Black’s cross claim against it for contractual indemnification, unanimously modified, on the law, to deny conditional summary judgment to Black on its contractual indemnification claim against Liberty, and otherwise affirmed, without costs.

The motion court correctly determined that issues of fact exist as to whether plaintiff was furnished with an adequate safety device in the form of a piece of plywood, marked with spray paint, that Nastasi, the carpentry contractor responsible for penetration protection, nailed over the opening created by Liberty, the demolition contractor; and whether plaintiffs purported act of prying the plywood off of the opening, precipitating his fall, was the sole proximate cause of the accident.

We also find that the motion court properly dismissed plaintiffs claims against Bovis brought pursuant to Labor Law § 200 and for common-law negligence. It is settled that section 200 of the Labor Law is a codification of the common-law duty imposed upon an owner or general contractor to provide construction site workers with a safe place to work (Comes v New York State Elec. & Gas Corp., 82 NY2d 876, 877 [1993];[*140] Reilly v Newireen Assoc., 303 AD2d 214, 219 [2003], Iv denied 100 NY2d 508 [2003]). In order to prevail on such a claim, plaintiff must demonstrate that defendant had the authority to “control the activity bringing about the injury to enable it to avoid or correct an unsafe condition” (Rizzuto v L.A. Wenger Contr. Co., 91 NY2d 343, 352 [1998] [internal quotation marks omitted]). Accordingly, liability can only be imposed if defendant exercised control or supervision over the work and had actual or constructive notice of the purportedly unsafe condition (Giovengo v P&L Mech., 286 AD2d 306 [2001]; Jehle v Adams Hotel Assoc., 264 AD2d 354, 355 [1999]).

In this matter, it is undisputed that plaintiff never took orders from Bovis and that Bovis had no responsibility for overseeing the work performed by him or his employer. Moreover, the testimony of Bovis’s project superintendent: that he conducted regular walk-throughs and, if he observed an unsafe condition, had the authority to find whoever was responsible for the condition and have them correct it or, if necessary, stop the work; that he discussed covering the subject hole in the roof with Nastasi’s representative; and that he had inspected the plywood in question after it had been nailed down over the hole, simply indicates Bovis’s general supervision and coordination of the work site and is insufficient to trigger liability (Vasiliades v Lehrer McGovern & Bovis, 3 AD3d 400, 401-402 [2004]).

We have considered the parties’ remaining arguments for affirmative relief and find them to be unavailing. Concur—Tom, J.P., Andrias, Sullivan, Nardelli and Williams, JJ.