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Workplace Injury: Selak v. Clover Management Inc. et al

By: Daily Record Staff//July 18, 2011

Workplace Injury: Selak v. Clover Management Inc. et al

By: Daily Record Staff//July 18, 2011

Appellate Division, Fourth Department

Workplace Injury

Notice

Selak v. Clover Management Inc. et al.

CA 10-02139

Appealed from Supreme Court, Niagara County

Background: The plaintiff commenced the action, pursuant to New York’s Labor Law and common-law theories of negligence for sought damages for injuries he sustained while working at the premises owned and managed by the third-party defendants. The court granted the defendants’ motion for summary judgment. The plaintiff appealed.

Ruling: The court properly determined that the plaintiff was engaged in routine maintenance at the time of his injury and was not engaged in an enumerated activity under Labor Law § 240 (1). Therefore, that claim was properly dismissed. However, the court did agree with the plaintiff that the defendant may be liable under § 200 if they had actual or constructive notice of the allegedly dangerous condition. Therefore, the plaintiff raised an issue of fact to overcome summary judgment.

Cantor, Lukasik, Dolce & Panepinto and Lawrence A. Schultz for the plaintiff-appellant; John Wallace of the Law Offices of Laurie G. Ogden for the defendant-respondents

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