Gadani v. Dormitory Auth., 43 A.D.3d 1218 (N.Y. App. Div. 2007). · Go Syfert
Gadani v. Dormitory Auth., 43 A.D.3d 1218 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
56 citation events (56 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2007 → 2026 · click a year to view as-of
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Top citers, strongest first. 38 distinct citers. How cited ↗
discussed Cited as authority (rule) Secky v. New Paltz Cent. Sch. Dist.
N.Y. App. Div. · 2021 · confidence medium
As this is a motion for summary judgment, we view the evidence in a light most favorable to the nonmoving party and accord that party the benefit of every reasonable inference ( see Gadani v Dormitory Auth. of State of N.Y. , 43 AD3d 1218, 1219 [2007]).
discussed Cited as authority (rule) Stewart v. ALCOA, Inc.
N.Y. App. Div. · 2020 · confidence medium
"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" ( Gadani v Dormitory Auth. of State of N.Y. , 43 AD3d 1218, 1220 [2007] [internal quotation marks and citations omitted]; accord Hall v Queensbury Union Free Sch.
cited Cited as authority (rule) Southern Tier Crane Services, Inc. v. Dakksco Pipeline Corp.
N.Y. App. Div. · 2017 · confidence medium
Trust, 99 AD3d 31 , 41 [2012]; Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1221 [2007]).
cited Cited as authority (rule) Southern Tier Crane Services, Inc. v. Dakksco Pipeline Corp.
N.Y. App. Div. · 2017 · confidence medium
Trust, 99 AD3d 31 , 41 [2012]; Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1221 [2007]).
discussed Cited as authority (rule) Hall v. Queensbury Union Free School District
N.Y. App. Div. · 2017 · confidence medium
“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’ ” (Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1220 [2007], quoting Comes v New York State Elec. & Gas Corp., 82 NY2d 876, 877 [1993]; see Christiansen v Bonacio Constr., Inc., 129 AD3d 1156 , 1159 [2015]).
discussed Cited as authority (rule) McDay v. State of New York
N.Y. App. Div. · 2016 · confidence medium
Upon viewing the proof in a light most favorable to the nonmoving party, “[t]he court’s function on a motion for summary judgment is issue finding not issue determination and, where a genuine issue of fact exists, summary judgment must be denied” (Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1219 [2007]).
cited Cited as authority (rule) Card v. Cornell University
N.Y. App. Div. · 2014 · confidence medium
Co., 98 AD3d 1217 , 1219 [2012]; Weinberg v Alpine Improvements, LLC, 48 AD3d 915, 918 [2008];” Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1220-1221 [2007]).
cited Cited as authority (rule) Card v. Cornell University
N.Y. App. Div. · 2014 · confidence medium
Co., 98 AD3d 1217 , 1219 [2012]; Weinberg v Alpine Improvements, LLC, 48 AD3d 915, 918 [2008];” Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1220-1221 [2007]).
discussed Cited as authority (rule) Baker v. Buckpitt
N.Y. App. Div. · 2012 · confidence medium
The Court of Appeals has recognized three exceptions to this general rule: “(1) where the contracting party, in failing to exercise reasonable care in the performance of his [or her] duties, launche[s] a force or instrument of harm; (2) where the plaintiff detrimentally relies on the continued performance of the contracting party’s duties[;] and (3) where the contracting party has entirely displaced the other party’s duty to maintain the premises safely” (Espinal v Melville Snow Contrs., 98 NY2d at 140 [internal quotation marks and citations omitted]; see Gibson v Dynaserv Indus., Inc.…
discussed Cited as authority (rule) Baker v. Buckpitt
N.Y. App. Div. · 2012 · confidence medium
The Court of Appeals has recognized three exceptions to this general rule: “(1) where the contracting party, in failing to exercise reasonable care in the performance of his [or her] duties, launche[s] a force or instrument of harm; (2) where the plaintiff detrimentally relies on the continued performance of the contracting party’s duties[;] and (3) where the contracting party has entirely displaced the other party’s duty to maintain the premises safely” (Espinal v Melville Snow Contrs., 98 NY2d at 140 [internal quotation marks and citations omitted]; see Gibson v Dynaserv Indus., Inc.…
discussed Cited as authority (rule) Oakes v. Wal-Mart Real Estate Business Trust
N.Y. App. Div. · 2012 · confidence medium
In contrast, when “a plaintiff’s claim arises due to a defect or dangerous condition at the work site, the plaintiff must show that the defendants had actual or constructive notice of the condition that caused the accident and control over the place where the injury occurred” (Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1220 [2007]; see Harrington v Fernet, 92 AD3d 1070, 1071 [2012]; Cook v Orchard Park Estates, Inc., 73 AD3d 1263, 1264 [2010]; Wolfe v KLR Mech., Inc., 35 AD3d 916, 918 [2006]).
discussed Cited as authority (rule) Oakes v. Wal-Mart Real Estate Business Trust
N.Y. App. Div. · 2012 · confidence medium
In contrast, when “a plaintiff’s claim arises due to a defect or dangerous condition at the work site, the plaintiff must show that the defendants had actual or constructive notice of the condition that caused the accident and control over the place where the injury occurred” (Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1220 [2007]; see Harrington v Fernet, 92 AD3d 1070, 1071 [2012]; Cook v Orchard Park Estates, Inc., 73 AD3d 1263, 1264 [2010]; Wolfe v KLR Mech., Inc., 35 AD3d 916, 918 [2006]).
discussed Cited as authority (rule) Harrington v. Fernet
N.Y. App. Div. · 2012 · confidence medium
“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” (Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1220 [2007] [internal quotation marks and citation omitted]; see Fassett v Wegmans Food Mkts., Inc., 66 AD3d 1274, 1275-1276 [2009]).
discussed Cited as authority (rule) Morette v. Kemper, Unitrin Auto & Home Insurance
N.Y. Sup. Ct. · 2012 · confidence medium
In order for a party to be entitled to summary judgment, “it must clearly appear that no material and triable issue of fact is presented (Di Menna & Sons v. City of New York, 301 N. Y. 118 )” (Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404 [1957]), and “ ‘issue-finding, rather than issue-determination, is the key to the procedure’ (Esteve v. Avad, 271 App. Div. 725 , 727)” (id.; see also Benizzi v Bank of the Hudson, 50 AD3d 1372, 1373 [2008]; Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1219 [2007]).
discussed Cited as authority (rule) Kennedy v. Atlas Fence, Inc.
N.Y. App. Div. · 2011 · confidence medium
In the context of a summary judgment motion, “[t]he totality of the evidence should be viewed in a light most favorable to the nonmoving party and we should accord it the benefit of every reasonable inference” (Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1219 [2007]).
discussed Cited as authority (rule) Gibson v. Dynaserv Industries, Inc.
N.Y. App. Div. · 2011 · confidence medium
It is now well settled that “[a] contractual obligation, even if breached, will only give rise to a duty to noncontracting third parties in three, limited situations: (1) where the contracting party, in failing to exercise reasonable care in the performance of his [or her] duties, launche[s] a force or instrument of harm; (2) where the plaintiff detrimentally relies on the continued performance of the contracting party’s duties and (3) where the contracting party has entirely displaced the other party’s duty to maintain the premises safely” (Gadani v Dormitory Auth. of State of N.Y., 4…
discussed Cited as authority (rule) Finn v. Barbone
N.Y. App. Div. · 2011 · confidence medium
Viewing this evidence, as we must, in a light most favorable to plaintiffs as the nonmovants (see Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1219 [2007]), we agree with Supreme Court that a triable issue of fact exists as to whether defendants created a danger over and above the inherent dangers of the sport; summary judgment is therefore not appropriate.
discussed Cited as authority (rule) Black v. Kohl's Department Stores, Inc.
N.Y. App. Div. · 2011 · confidence medium
When considering a motion for summary judgment, courts must view the evidence in a light most favorable to the nonmoving party and accord that party the benefit of every reasonable inference from the record proof, without making any credibility determinations (see Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1219 [2007]; Tenkate v Tops Mkts., LLC, 38 AD3d 987, 989 [2007]).
discussed Cited as authority (rule) Sullivan v. RGS Energy Group, Inc.
N.Y. App. Div. · 2010 · confidence medium
With respect to Labor Law § 200 and common-law negligence, “[w]here a plaintiffs claim arises due to a defect or dangerous condition at the work site . . . [and] a defendant moves for summary judgment dismissing a Labor Law § 200 claim [and a common-law negligence cause of action], it must establish, as a matter of law, that it did not create, nor have actual or constructive notice of, the dangerous condition alleged” (Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1220-1221 [2007]; see Finger v Cortese, 28 AD3d 1089, 1090 [2006]).
discussed Cited as authority (rule) Peerless Insurance v. Michael Beshara, Inc.
N.Y. App. Div. · 2010 · confidence medium
Viewing this evidence in a light most favorable to plaintiff and according it the benefit of every reasonable inference that can be drawn therefrom (see Ballou v Ravena-Coeymans-Selkirk School Dist., 72 AD3d 1323, 1326 [2010]; Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1219 [2007]), we find that plaintiff raised a genuine issue of fact as to whether Beshara fulfilled his duty of providing a heating system that was “working and in good repair” in the first instance (cf. Padovano v Vivian, 217 AD2d 868, 869-870 [1995]).
discussed Cited as authority (rule) Cook v. Orchard Park Estates, Inc.
N.Y. App. Div. · 2010 · confidence medium
In contrast, when “a worker’s injuries result from an unsafe or dangerous condition existing at a work site, rather than from the manner in which the work is being performed, the liability of a general contractor, and of an allegedly negligent subcontractor, depends upon whether they had notice of the dangerous condition and control of the place where the injury occurred” (Wolfe v KLR Mech., Inc., 35 AD3d 916, 918 [2006] [citations omitted]; accord Weinberg v Alpine Improvements, LLC, 48 AD3d 915, 918 [2008]; Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1220 [2007]; see Blysm…
discussed Cited as authority (rule) Ballou v. Ravena-Coeymans-Selkirk School District
N.Y. App. Div. · 2010 · confidence medium
Co., 58 AD3d 939, 942 [2009]; Goff v Clarke, 302 AD2d 725, 727 [2003]) and according plaintiff the benefit of every reasonable inference (see Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1219 [2007]; Tenkate v Tops Mkts., LLC, 38 AD3d 987, 989 [2007]), we find that plaintiff raised a genuine issue of fact “as to whether defendant’s supervision was inadequate and resulted in the failure to exercise reasonable care to protect [Ballou] from an unreasonably increased risk” (Kane v North Colonie Cent.
discussed Cited as authority (rule) Stockwell v. Town of New Berlin
N.Y. App. Div. · 2010 · confidence medium
Taken together and giving plaintiff every favorable inference (see Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1219 [2007]; Tenkate v Tops Mkts., LLC, 38 AD3d 987, 989 [2007]), this evidence contradicts defendants’ allegations as to the condition of the dam at the time of decedent’s accident and creates a question of fact as to whether its erosion and collapse were a proximate cause of decedent’s accident (see Negri v Stop & Shop, 65 NY2d 625 , 626 [1985]; Lynch v Liberty Mut.
discussed Cited as authority (rule) Husted v. Central New York Oil & Gas Co.
N.Y. App. Div. · 2009 · confidence medium
As the owner of the construction premises, CNYOG had a statutory and common-law duty to provide workers with a safe place to work (see Labor Law § 200; Jock v Fien, 80 NY2d 965, 967 [1992]; Weinberg v Alpine Improvements, LLC, 48 AD3d 915, 918 [2008]; Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1220 [2007]; Wohlfron v Brooklyn Edison Co., Inc., 238 App Div 463, 465-466 [1933], affd 263 NY 547 [1933]).
discussed Cited as authority (rule) Beglin v. Hartwick College
N.Y. App. Div. · 2009 · confidence medium
Co., 58 AD3d 939, 942 [2009]; Negri v Stop & Shop, 65 NY2d 625 , 626 [1985]; Tenkate v Tops Mkts., LLC, 38 AD3d 987, 989 [2007]; Goff v Clarke, 302 AD2d 725, 727 [2003]) and according him the benefit of every reasonable inference (see Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1219 [2007]; Tenkate v Tops Mkts., LLC, 38 AD3d at 989 ), we find that plaintiff raised a genuine issue of fact with regard to whether defendant had notice of the dangerous condition of the weight machine that caused plaintiff’s injury (see Pronti v Cicora, 35 AD3d 1007, 1008 [2006]).
discussed Cited as authority (rule) Gadani v. Dormitory Authority
N.Y. App. Div. · 2009 · confidence medium
In resolving the first of now three appeals to this Court in this action, we modified Supreme Court’s order by reinstating defendant’s cross claims against DASNY and BBL because we found that issues of fact existed as to whether they could have been found liable to plaintiff, rendering them potentially liable to defendant for contribution and/or indemnification ( 43 AD3d 1218, 1221-1222 [2007]).
discussed Cited as authority (rule) Lynch v. Liberty Mutual Fire Insurance
N.Y. App. Div. · 2009 · confidence medium
Viewing the totality of the evidence in the light most favorable to plaintiffs, as the nonmoving parties (see Negri v Stop & Shop, 65 NY2d 625 , 626 [1985]; Tenkate v Tops Mkts., LLC, 38 AD3d 987, 989 [2007]; Goff v Clarke, 302 AD2d 725, 727 [2003]), and according them the benefit of every reasonable inference (see Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1219 [2007]; Tenkate v Tops Mkts., LLC, 38 AD3d at 989 ), we find that plaintiffs raised a genuine issue of fact with regard to the cause of their swimming pool’s collapse (see Pronti v Cicora, 35 AD3d 1007, 1008 [2006]).
discussed Cited as authority (rule) Elsey v. Clark Trading Corp.
N.Y. App. Div. · 2008 · confidence medium
Considering the evidence in the light most favorable to plaintiff (see Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1219 [2007]), we find that plaintiff has raised questions of fact sufficient to require a trial.
discussed Cited as authority (rule) Habib v. Baldini
N.Y. App. Div. · 2008 · confidence medium
Viewing the evidence in the light most favorable to plaintiff and according her the benefit of every reasonable inference to be drawn therefrom (see Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1219 [2007]; Blakeslee v Wadsworth, 37 AD3d 1021, 1022 [2007]), we agree with Supreme Court that plaintiffs testimony sufficiently raised a question of fact concerning whether defendants had actual notice of the allegedly defective condition.
discussed Cited as authority (rule) King v. Perrotte
N.Y. App. Div. · 2008 · confidence medium
Not only was defendant’s testimony regarding the circumstances leading up to the accident corroborated in large measure by that of another eyewitness, but there was no evidence introduced establishing that defendant had either actual or constructive notice of the existence of any defect that would have caused the forklift to malfunction while being used on this project (see Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1220 [2007]; Desharnais v Jefferson Concrete Co., Inc., 35 AD3d 1059, 1061 [2006]).
discussed Cited as authority (rule) Moran v. City of Schenectady
N.Y. App. Div. · 2008 · confidence medium
Thus, the alleged negligence of defendants could not have rendered the intersection “less safe than before the construction project began” (Wyant v Professional Furnishing & Equip., Inc., 31 AD3d at 954 [internal quotation marks and citations omitted]; see Church v Callanan Indus., 99 NY2d at 112 ; Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1220 [2007]).
discussed Cited as authority (rule) Montano v. City of Watervliet
N.Y. App. Div. · 2008 · confidence medium
Plaintiff’s tortious interference claim against Gilchrist was properly dismissed because, even viewing the evidence most favorably to plaintiff, the nonmoving party, and giving him the benefit of every favorable inference (see Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1219 [2007]), there is no reasonable view of the evidence that Gilchrist intentionally and unjustifiably—as opposed to merely negligently—procured the breach of the plaintiff-Starfire lease (see Lama Holding Co. v Smith Barney, 88 NY2d 413, 424-425 [1996]; Harris v Town of Fort Ann, 35 AD3d 928, 929 [2006]; B…
discussed Cited as authority (rule) Torosian v. Bigsbee Village Homeowners Ass'n
N.Y. App. Div. · 2007 · confidence medium
Viewing the evidence in a light most favorable to plaintiff and affording her every favorable inference (see Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1220 [2007]), we find that she raised a triable issue of fact “as to whether the allegedly dangerous condition existed for a sufficient period of time prior to the accident for [Bigsbee and Diamond] to reasonably have discovered and remedied it” (Dickerson v Troy Hous.
discussed Cited "see" Edick v. General Electric Co.
N.Y. App. Div. · 2012 · signal: see · confidence high
“Labor Law § 200 [represents] 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” (Weinberg v Alpine Improvements, LLC, 48 AD3d 915, 918 [2008] [internal quotation marks and citation omitted]; see Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1220 [2007]).
discussed Cited "see" Edick v. General Electric Co.
N.Y. App. Div. · 2012 · signal: see · confidence high
“Labor Law § 200 [represents] 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” (Weinberg v Alpine Improvements, LLC, 48 AD3d 915, 918 [2008] [internal quotation marks and citation omitted]; see Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1220 [2007]).
discussed Cited "see" Bush v. Mechanicville Warehouse Corp.
N.Y. App. Div. · 2010 · signal: see · confidence high
Thus, to establish entitlement to summary judgment on plaintiffs Labor Law § 200 and negligence claims, defendant “was required to establish, as a matter of law, that it did not create the alleged dangerous condition and did not have actual or constructive notice of that condition” Wolfe v KLR Mech., Inc., 35 AD3d 916, 919 [2006]; accord Weinberg v Alpine Improvements, LLC, 48 AD3d at 918-919 ; see Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1221 [2007]).
discussed Cited "see" Benizzi v. Bank of the Hudson
N.Y. App. Div. · 2008 · signal: see · confidence high
It is well settled that the “drastic remedy [of summary judgment] should not be granted where there is any doubt as to the existence of [triable] issues” and “issue-finding, rather than issue-determination, is the key” (Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404 [1957] [internal quotation marks and citation omitted]; see Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1219 [2007]).
discussed Cited "see" Weinberg v. Alpine Improvements, LLC
N.Y. App. Div. · 2008 · signal: accord · confidence high
“Where, as here, a worker’s injuries result from an unsafe or dangerous condition existing at a work site, rather than from the manner in which the work is being performed, the liability of a general contractor [such as Discover] . . . depends upon whether [it] had [actual or constructive] notice of the dangerous condition [that caused the accident] and control of the place where the injury occurred” (Wolfe v KLR Mech., Inc., 35 AD3d 916, 918 [2006] [citations omitted]; accord Gadani v Dormitory Auth. of State of N.Y., 43 AD3d 1218, 1220-1221 [2007]; Keating v Nanuet Bd. of Educ., 40 AD3…
Retrieving the full opinion text from the archive…
John Gadani
v.
Dormitory Authority of the State of New York, and DeBrino Caulking Associates, Inc., , (And a Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York.
Sep 13, 2007.
43 A.D.3d 1218
Spain.
Cited by 41 opinions  |  Published
Spain, J.

Appeal from an order of the Supreme Court (Teresi, J.), entered July 19, 2006 in Albany County, which, inter alia, granted certain defendants’ motions for summary judgment dismissing the amended complaint against them.

The instant personal injury action arises out of construction work being done on Court of Appeals Hall in the City of Albany. The owner of the building, defendant Dormitory Authority of the State of New York (hereinafter DASNY), contracted with defendant BBL Construction Services, LLC to serve as the project manager. To perform the actual construction work, DASNY contracted with “prime contractors” that were responsible for individual aspects of the project. Defendant DeBrino Caulking Associates, Inc. was hired by DASNY as the prime contractor for masonry, and DeBrino subcontracted with third-party defendant, Marinello Construction Company, which employed plaintiff John Gadani (hereinafter plaintiff). Additionally, DASNY contracted with defendant August Bohl Contracting Company (hereinafter Bohl) to provide snow removal services at the job site. BBL subcontracted with defendant Landon & Rian Enterprises, Inc. (hereinafter L & R) to provide safety inspection services.

As part of the construction site, a parking lot adjacent to Court of Appeals Hall was fenced in and identified as the “staging area” where contractors would work and store materials. On January 7, 2003, plaintiff drove a Gradall forklift through the main portion of the staging area, which was covered with snow and ice, to the work area used by Marinello. Plaintiff[*1219] exited the cab of the forklift, took two steps towards a mixing shanty, then fell and fractured his ankle, the repair of which required surgery and the installation of a permanent metal plate and screws.

Plaintiff and his wife, derivatively, commenced this action against DASNY, BBL, Bohl, L & É and DeBrino alleging negligence and Labor Law violations, and DASNY, BBL and Bohl brought a third-party complaint against Marinello. Additionally, DeBrino brought cross claims against DASNY, BBL, Bohl and L & R, and DASNY, BBL and Bohl, who jointly answered the complaint, cross-claimed against DeBrino and L & R. In May 2006, L & R moved for summary judgment dismissing the amended complaint and all cross claims against it. Shortly thereafter, DASNY, BBL and Bohl also moved for summary judgment dismissing all claims against them. Supreme Court granted the summary judgment motions in a decision entered in July 2006 dismissing the amended complaint and cross claims against L & R, DASNY, BBL and Bohl. DeBrino appeals so much of the court’s order as granted summary judgment to DASNY, BBL and Bohl.*

Summary judgment is a drastic remedy and should only be granted when no material facts are sufficiently disputed as to warrant a trial (see Matter of La Bier v La Bier, 291 AD2d 730, 732 [2002], lv dismissed 98 NY2d 671 [2002]). The totality of the evidence should be viewed in a light most favorable to the nonmoving party and we should accord it the benefit of every reasonable inference (see Tenkate v Tops Mkts., LLC, 38 AD3d 987, 989 [2007]). The court’s function on a motion for summary judgment is issue finding not issue determination and, where a genuine issue of fact exists, summary judgment must be denied (see id.; Pronti v Cicora, 35 AD3d 1007, 1007 [2006]).

Initially, we find that Bohl was properly granted summary judgment on the basis that it owed no duty to plaintiff. Plaintiffs’ claims against Bohl are premised on Bohl’s alleged breach of its contract for snow removal with DASNY and, “ordinarily, breach of a contractual obligation will not be sufficient in and of itself to impose tort liability to noncontracting third parties” such as plaintiffs (Church v Callarían Indus., 99 NY2d 104, 111 [2002]). A contractual obligation, even if breached, will only give rise to a duty to noncontracting third parties in three, limited situations: “(1) where the contracting party, in failing to exercise reasonable care in the performance of his [or her] duties, £launche[s] a force or instrument of harm’;[*1220] (2) where the plaintiff detrimentally relies on the continued performance of the contracting party’s duties and (3) where the contracting party has entirely displaced the other party’s duty to maintain the premises safely” (Espinal v Melville Snow Contrs., 98 NY2d 136, 140 [2002] [citations omitted]; see Karac v City of Elmira, 14 AD3d 842, 844 [2005]).

Here, only the first ground for liability is asserted. Thus, the dispositive issue is whether a question of fact exists as to whether Bohl’s alleged conduct “ha[d] advanced to such a point as to have launched a force or instrument of harm” (Moch Co. v Rensselaer Water Co., 247 NY 160, 168 [1928]), i.e., whether Bohl engaged in affirmative conduct which made the staging area “less safe . . . than it was before the [snow removal] began” (Church v Callanan Indus., supra at 112; Wyant v Professional Furnishing & Equip., Inc., 31 AD3d 952, 954 [2006]).

DeBrino contends that Bohl’s failure to promptly remove snow led to the icy condition which caused plaintiffs fall because heavy vehicular and pedestrian traffic in the staging area caused the snow to pack down, leaving a hard, icy surface which Bohl allegedly failed to clear. At best, these allegations assert that it was Bohl’s inactivity in failing to plow the area before the surface became packed down and then failing to clear the hard-packed snow to the pavement that contributed to plaintiffs fall. There is no assertion that Bohl’s snow removal efforts rendered the area “less safe” than it would have been had Bohl not acted at all (Church v Callanan Indus., supra at 112; see Anderson v Jefferson-Utica Group, Inc., 26 AD3d 760, 761 [2006]; cf. Rak v Country Fair, Inc., 38 AD3d 1240, 1241 [2007]). Accordingly, Bohl’s motion for summary judgment was properly granted.

Turning to plaintiffs’ Labor Law § 200 and common-law negligence claims, we conclude that Supreme Court’s grant of summary judgment to DASNY and BBL was unwarranted. 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” (Comes v New York State Elec. & Gas Corp., 82 NY2d 876, 877 [1993]; see Jurgens v White face Resort on Lake Placid, 293 AD2d 924, 926-927 [2002]). Where a plaintiffs claim arises due to a defect or dangerous condition at the work site, the plaintiff must show that the defendants had actual or constructive notice of the condition that caused the accident and control over the place where the injury occurred {see Wolfe v KLR Mech., Inc., 35 AD3d 916, 918 [2006]; Jurgens v Whiteface Resort on Lake Placid, supra at 926-927; Johnson v Packaging Corp. of Am., 274 AD2d[*1221] 627, 629 [2000]). Where a defendant moves for summary judgment dismissing a Labor Law § 200 claim, it must establish, as a matter of law, that it did not create, nor have actual or constructive notice of, the dangerous condition alleged (see Wolfe v KLR Mech., Inc., supra at 919; Bonse v Katrine Apt. Assoc., 28 AD3d 990, 991 [2006]).

Here, there is record support that both DASNY and BBL exercised control over the staging area where plaintiffs injury occurred. According to the contract between DASNY and BBL, BBL was to oversee the safety of the job site. DASNY’s field representative for the project testified that both DASNY and BBL, as an agent of DASNY, were empowered to stop work on the job site if there were safety concerns and correct the condition by giving direction to a third party. A representative from Bohl stated that its obligation to plow the staging area could be triggered by a request from BBL and that, if packed snow were to be removed from the area, it would have to be specifically requested by BBL. DASNY’s representative further testified that he had overheard BBL’s project manager on the phone with Bohl requesting that bigger equipment be provided after a major snowstorm.

A question of fact also exists as to whether DASNY and BBL had actual and/or constructive notice of the dangerous condition alleged by plaintiffs. Representatives from both DASNY and BBL were present at the job site daily and BBL made extensive reports of, among other things, workers present, work performed, and weather conditions. BBL’s reports indicate that, subsequent to a 20-inch snowstorm on January 3-4, 2003, Bohl only removed snow from the front of the building and, on January 6, 2003, the day before plaintiff’s accident, Bohl finally began to remove snow from the staging area. Despite such efforts, a representative from DeBrino testified that conditions on the lot after Bohl plowed on the afternoon of January 6 were icy and snow-packed. Such conditions appeared to be a recurring problem; in fact, DASNY’s own field representative testified that he observed snow and ice in the staging area and had even slipped and fallen himself. As such, we find that whether DASNY and BBL had actual or constructive notice of the dangerous condition which led to plaintiffs injury is an issue of fact most appropriately determined by a factfinder.

Mercure, J.E, Peters, Rose and Lahtinen, JJ, concur. Ordered that the order is modified, on the law, without costs, by reversing so much thereof as granted the motion of defendants Dormitory Authority of the State of New York and BBL Construction Services, LLC for summary judgment dismissing the cross[*1222] claims of defendant DeBrino Caulking Associates, Inc. against them; motion denied to that extent; and, as so modified, affirmed.

Plaintiffs have withdrawn their appeal and DeBrino has not appealed Supreme Court’s grant of summary judgment in favor of L & R.