Taylor v. Levy

Full title: JOHN TAYLOR et al., Appellants, v. LAWRENCE LEVY et al., Defendants and…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 6, 1998

252 A.D.2d 495 (N.Y. App. Div. 1998)

675 N.Y.S.2d 567

Opinion

July 6, 1998

Appeal from the Supreme Court, Nassau County (Bucaria, J.).

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

The defendants were entitled to summary judgment dismissing the causes of action to recover damages based on common-law negligence and Labor Law § 200 Lab.. It is undisputed that the plaintiff John Taylor's employer was aware of the alleged dangerous condition. Therefore, any duty on the part of the defendants as owners of the premises was discharged ( see, Storm v. New York Tel., 270 N.Y. 103, 109; see also, Brown v. Consolidated Edison Co., 39 A.D.2d 539; Alesi v. City of New York, 9 A.D.2d 236, 243, affd 12 N.Y.2d 703).

Bracken, J. P., Copertino, Joy and McGinity, JJ., concur.