Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Fiallos v. Vin's Crown Realty Associates

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


February 2, 2010

HENRY FIALLOS, RESPONDENT,
v.
VIN'S CROWN REALTY ASSOCIATES, APPELLANT, ET AL., DEFENDANTS.

In an action to recover damages for personal injuries, the defendant Vin's Crown Realty Associates appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (F. Rivera, J.), dated December 10, 2008, as denied those branches of its motion which were for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law § 200 insofar as asserted against it.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

FRED T. SANTUCCI, J.P., RUTH C. BALKIN, RANDALL T. ENG & CHERYL E. CHAMBERS, JJ.

(Index No. 1809/06)

DECISION & ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the appellant's motion which were for summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law § 200 insofar as asserted against it are granted.

The defendant Vin's Crown Realty Associates (hereinafter the appellant) satisfied its prima facie burden of establishing its entitlement to judgment as a matter of law by demonstrating that the plaintiff was injured, not by a dangerous condition, but by the methods or materials of his work, and that it did not have the authority to supervise or control the performance of his work (see Ortega v Puccia, 57 AD3d 54, 61-63; Kwang Ho Kim v D & W Shin Realty Corp., 47 AD3d 616, 620; Ford v Caliendo & Sons, 305 AD2d 368, 369). In opposition, the plaintiff failed to raise a triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557, 562; Kwang Ho Kim v D & W Shin Realty Corp., 47 AD3d at 620). Accordingly, the appellant was entitled to summary judgment dismissing the causes of action alleging common-law negligence and a violation of Labor Law § 200 insofar as asserted against it.

SANTUCCI, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.

20100202

© 1992-2010 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.