Guerra v. Port Auth., 35 A.D.3d 810 (N.Y. App. Div. 2d Dep't 2006). · Go Syfert
Guerra v. Port Auth., 35 A.D.3d 810 (N.Y. App. Div. 2d Dep't 2006). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 1 distinct court.
Cited for
At page 811 Establishing liability for negligence and labor law violations8 citing casesThe plaintiff George Guerra (hereinafter the plaintiff), who was employed by a subcontractor, Defoe Corporation (hereinafter Defoe), was working on a…opening of page *811 (no citing court says what it cites this page for)
  • Felix v. Klee & Woolf, LLP, 138 A.D.3d 920 (N.Y. App. Div. 2d Dep't 2016).published
    Co., 91 NY2d 343, 352 [1998]; Russin v Louis N. Picciano & Son, 54 NY2d 311, 317 [1981]; Gallello v MARJ Distribs., Inc., 50 AD3d 734, 735 [2008]; Dooley v Peerless Importers, Inc., 42 AD3d 199, 204-205 [2007]; Guerra v Port Auth. of N.Y.…
  • Ortiz v. 164 Atl. Avenue, LLC, 77 A.D.3d 807 (N.Y. App. Div. 2d Dep't 2010).published
    In opposition, the defendants failed to demonstrate that the cited regulation is inapplicable to the extant circumstances, or that its violation was not the proximate cause of the plaintiff’s accident (see Treu v Cappelletti, 71 AD3d 994 […
  • Rojas v. Schwartz, 74 A.D.3d 1046 (N.Y. App. Div. 2d Dep't 2010).published
    To be held liable under Labor Law § 200 for injuries arising from the manner in which work is performed, a defendant must have “authority to exercise supervision and control over the work” (Gallello v MARJ Distribs., Inc., 50 AD3d 734, 735…
  • Hurtado v. Interstate Materials Corp., 56 A.D.2d 722 (N.Y. App. Div. 2d Dep't 2008).published
    To be held liable under Labor Law § 200 and for common-law negligence arising from the manner in which work is performed at a work site, an owner or general contractor must have authority to supervise or control the work performed at the s…
  • Chowdhury v. Rodriguez, 57 A.D.3d 121 (N.Y. App. Div. 2d Dep't 2008).published
    In addressing the legal standard that is to be applied when a property owner provides a worker with dangerous or defective equipment that causes injury during the course of the work, we are reminded that a basic, underlying ground for the…
  • Ortega v. Puccia, 57 A.D.3d 54 (N.Y. App. Div. 2d Dep't 2008).published
    Co., 91 NY2d 343, 352 [1998]; Russin v Louis N. Picciano & Son, 54 NY2d 311, 317 [1981]; Gallello v MARJ Distribs., Inc., 50 AD3d 734, 735 [2008]; Dooley v Peerless Importers, Inc., 42 AD3d 199, 204-205 [2007]; Guerra v Port Auth. of N.Y.…
  • Gallello v. MARJ Distributors, Inc., 50 A.D.3d 734 (N.Y. App. Div. 2d Dep't 2008).published
    To be held liable under Labor Law § 200 for injuries arising from the manner in which work is performed at a work site, an owner or manager of real property must have authority to exercise supervision and control over the work at the site…
  • McLeod v. Corp. of Presiding Bishop of Church of Jesus Christ of Latter Day Saints, 41 A.D.3d 796 (N.Y. App. Div. 2d Dep't 2007).published
    To be held liable under Labor Law § 200 and for common-law negligence arising from the manner in which work is performed at a work site, a general contractor must have actually exercised supervision and control over the work performed at t…
Retrieving the full opinion text from the archive…
George Guerra
v.
Port Authority of New York and New Jersey
Appellate Division of the Supreme Court of the State of New York.
Dec 26, 2006.
Published opinion
35 A.D.3d 810
Cited by 8 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, Queens County (Kitzes, J.), dated June 20, 2005, as granted those branches of the defendants’ motion which were for summary judgment dismissing the plaintiffs’ causes of action sounding in common-law negligence and violation of Labor Law § 200 and § 241 (6).

Ordered that the order is modified, on the law, (1) by deleting the provisions thereof granting those branches of the motion which were for summary judgment dismissing the plaintiffs’ cause of action sounding in violation of Labor Law § 241 (6) based upon a violation of 12 NYCRR 23-6.2 (c) against each of the defendants and substituting therefor provisions denying those branches of the motion and (2) by deleting the provisions thereof granting those branches of the motion which were for summary judgment dismissing the plaintiff’s causes of action sounding in common-law negligence and violation of Labor Law § 200 against the Port Authority of New York and New Jersey and VR.H. Construction Corp., and substituting therefor provisions denying those branches of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiffs payable by the defendants.

[*811] The plaintiff George Guerra (hereinafter the plaintiff), who was employed by a subcontractor, Defoe Corporation (hereinafter Defoe), was working on a construction project at John F. Kennedy International Airport to construct terminal facilities for American Airlines, Inc. (hereinafter American). American leased the premises from the defendant Port Authority of New York and New Jersey (hereinafter Port Authority). V.R.H. Torcon (hereinafter VRH) acted as the general contractor. American and VRH entered into a contractual agreement, and VRH subcontracted with Defoe to build a roadway system.

The plaintiff was injured when a chain that was swinging from a wheel loader which was used to transport barriers inadvertently lifted a barrier which then fell on his leg. The plaintiffs commenced the instant action, alleging, inter alia, common-law negligence and violations of Labor Law §§ 200 and 241 (6). The defendants moved for summary judgment dismissing the complaint and the Supreme Court granted the motion in its entirety.

In the verified bill of particulars, the plaintiffs alleged, inter alia, that the defendants violated 12 NYCRR 23-6.2 (c) and (d). Contrary to the plaintiffs contention, 12 NYCRR 23-6.2 (d) (3), prohibiting the use of defective chains, is inapplicable to this case. There is no showing that the chain itself was defective. Rather, the problem lay with the hooks. 12 NYCRR 23-6.2 (c), which requires the use of safety hooks, is sufficiently concrete in its specifications to support a cause of action pursuant to Labor Law § 241 (6) (see Puckett v County of Erie, 262 AD2d 964 [1999]; Augello v 20166 Tenants Corp., 251 AD2d 44 [1998]).

Further, the defendants failed to establish that there are no triable issues of fact with respect to the liability of all the defendants for violation of Labor Law § 241 (6) and the liability of the Port Authority and VRH for common-law negligence and violation of Labor Law § 200. Liability for common-law negligence and violation of Labor Law § 200 may be imposed upon a defendant who had the authority to control how the work was performed and had the authority to correct an unsafe condition (see Perri v Gilbert Johnson Enters., Ltd., 14 AD3d 681, 683 [2005]; Parisi v Loewen Dev. of Wappinger Falls, 5 AD3d 648 [2004]).

American should be treated as an owner or agent of an owner for purposes of Labor Law § 241 (6) (see Crespo v Triad, Inc., 294 AD2d 145 [2002]). However, American established its entitlement to judgment as a matter of law with respect to common-law negligence and violation of Labor Law § 200, and the plaintiffs failed to raise a triable issue of fact. Therefore, the[*812] Supreme Court properly dismissed the causes of action alleging common-law negligence and violation of Labor Law § 200 insofar as asserted against American (see Perri v Gilbert Johnson Enters., Ltd., supra at 683). Goldstein, J.E, Skelos, Lunn and Covello, JJ., concur.