John v. Tishman Construction Corporation of New York

• Decision Date: 15 August 2006
• Docket Number: 2005-04121.
• Citation: John v. Tishman Construction Corporation of New York, 32 A.D.3d 458, 819 N.Y.S.2d 475, 2006 NY Slip Op 6222 (N.Y. App. Div. 2006)
• Parties: EDNA JOHN, Appellant, v. TISHMAN CONSTRUCTION CORPORATION OF NEW YORK, Respondent, et al., Defendants.
• Court: New York Supreme Court — Appellate Division

32 A.D.3d 458

819 N.Y.S.2d 475

2006 NY Slip Op 06222

EDNA JOHN, Appellant, v. TISHMAN CONSTRUCTION CORPORATION OF NEW YORK, Respondent, et al., Defendants.

2005-04121.

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 15, 2006.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Martin, J.), dated March 7, 2005, as granted that branch of the motion of the defendant Tishman Construction Corporation of New York which was for summary judgment dismissing the Labor Law § 200 and common-law negligence causes of action insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly slipped and fell on a piece of sheet metal or metal shelf in the hallway of her employer's basement. At the time of the incident, there were ongoing renovations throughout the building. The plaintiff commenced this action against, among others, the construction manager, the defendant Tishman Construction Corporation of New York (hereinafter Tishman). Tishman moved for summary judgment, inter alia, dismissing the Labor Law § 200 and common-law negligence causes of action insofar as asserted against it, contending that it did not create or have notice of a dangerous condition in the hallway. The Supreme Court granted the motion, finding that Tishman did not...