Delaney v. City of New York, 78 A.D.3d 540 (N.Y. App. Div. 2010). · Go Syfert
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Delaney v. City of New York, 78 A.D.3d 540 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
3 citation events across 2 distinct courts.
Strongest positive: Patino v. 51 W. 81st St. Corp. (nysupctnewyork, 2025-01-07)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Patino v. 51 W. 81st St. Corp.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
Under Labor Law § 200, "liability will attach ... only when the injuries were sustained as the result of a dangerous condition at the work site ... and then only if the owner exercised supervision and control over the work performed at the site or had actual or constructive notice of the unsafe condition causing the accident [citation omitted]" ( Veneer v 993 Intervale Ave Housing Development Fund Corp, 5 AD3d 161, 162-163 [1st Dept 2003]; see also Ghany v BC Tile Contractors, Inc., 95 AD3d 768, 769 [1st Dept 2012]; Delaney v City ofNew York, 78 AD3d 540, 540 [1st Dept 2010]).
discussed Cited as authority (rule) Valenti v. Metropolitan Transp. Auth.
N.Y. App. Div. · 2024 · confidence medium
The court properly dismissed plaintiff's Labor Law § 200 claims against TBTA and MTA because those entities did not supervise or control the means and methods of the drop-off procedures for workers at the Throgs Neck Bridge, which was left to the general contractor American Bridge ( see Delaney v City of New York , 78 AD3d 540, 541 [1st Dept 2010]).
Retrieving the full opinion text from the archive…
Joseph Delaney
v.
City of New York
Appellate Division of the Supreme Court of the State of New York.
Nov 18, 2010.
78 A.D.3d 540
Cited by 3 opinions  |  Published

[*541] Order, Supreme Court, New York County (Milton A. Tingling, J.), entered August 3, 2009, which granted defendant’s motion for summary judgment dismissing plaintiffs causes of action under Labor Law §§ 200 and 241 (6) and for common-law negligence, unanimously affirmed, without costs.

Plaintiff, an ironworker, alleges that while working on a bridge owned by defendant City, he was injured when he attempted to enter a lane of traffic on the bridge that had been closed to the public by his employer and was struck by a pickup truck owned and operated by his employer. Where, as here, the injuries were caused by a contractor’s methods of performing a particular construction activity, the owner cannot be held liable under section 200 or the common law unless it exercised supervisory control over the activity (see Lombardi v Stout, 80 NY2d 290, 295 [1992]). Plaintiff offered no evidence tending to show such control. It does not avail plaintiff that defendant authorized plaintiff’s employer’s request for lane closures and hired engineers to ensure that the work being performed was in accordance with plans and specifications (see Vasiliades v Lehrer McGovern & Bovis, 3 AD3d 400, 401-402 [2004]).

We also reject plaintiffs argument that because the Jersey barrier over which he had to step to get to the roadway had no breaks to allow for safe passage and because there were no signs, traffic controls or flagmen to protect workers from oncoming traffic, the barrier was an inherently dangerous condition of the workplace itself for which defendant can be held liable even in the absence of supervisory control (compare Dalanna v City of New York, 308 AD2d 400, 400 [2003], with Urban v No. 5 Times Sq. Dev., LLC, 62 AD3d 553, 556 [2009]).

Nor can section 200 liability against defendant be based on alleged violations of the Occupational Safety and Health Act, which governs employee/employer relationships (see Khan v Bangla Motor & Body Shop, Inc., 27 AD3d 526, 528-529 [2006], lv dismissed 7 NY3d 864 [2006]), as defendant was not plaintiffs employer.

The Industrial Code provisions cited by plaintiff in support of his cause of action under section 241 (6) — 12 NYCRR 23-1.29 (public vehicular traffic) and 23-1.32 (imminent danger — notice, warning and avoidance) — are inapplicable to the alleged facts. Concur — Mazzarelli, J.P., Saxe, McGuire, Freedman and AbdusSalaam, JJ.