Zhivov v Kings Bay Housing Co., Inc.
Attorneys and Parties
Brief Summary
Construction-site injury and New York Labor Law liability arising from a worker's alleged fall from an unsecured A-frame ladder during apartment demolition in a cooperative building renovation.
The Supreme Court granted the plaintiff summary judgment on liability under Labor Law § 240(1) [imposes on owners or general contractors and their agents a nondelegable duty, and absolute liability for injuries proximately caused by the failure to provide appropriate safety devices to workers who are subject to elevation-related risks] against Kings Bay Housing Co., Inc. (KB Housing), denied that relief against Kings Bay Section One Land, LLC (KB Section One), dismissed the complaint against KB Section One, and denied KB Housing's motion for summary judgment on the common-law negligence and Labor Law § 200 claims.
The Appellate Division reversed only the grant of summary judgment to the plaintiff on the Labor Law § 240(1) claim against KB Housing and otherwise affirmed.
Although the plaintiff made a prima facie showing of a ladder-related elevation accident, the defendants raised a triable issue of fact as to whether the accident happened at all through the boss's testimony and video evidence. The court also agreed that KB Section One, as owner only of the land beneath the building, lacked the necessary nexus, contractual role, or supervisory control to be liable, while KB Housing failed to prove lack of constructive notice of the allegedly uneven floor for purposes of the common-law negligence and Labor Law § 200 claims.
Background
In June 2017, plaintiff Artur Zhivov allegedly was injured while performing demolition work in an apartment in a building owned by KB Housing, a cooperative corporation. He claimed that he fell from an unsecured A-frame ladder because the apartment floor was uneven. KB Section One owned only the land beneath the building and leased that land to KB Housing. The plaintiffs sued for common-law negligence and violations of Labor Law §§ 200, 240(1), and 241(6).
Lower Court Decision
The Supreme Court, Kings County, granted the plaintiff partial summary judgment on liability under Labor Law § 240(1) against KB Housing, denied the same request against KB Section One, granted KB Section One summary judgment dismissing the amended complaint as against it, and denied KB Housing summary judgment seeking dismissal of the common-law negligence and Labor Law § 200 claims.
Appellate Division Reversal
The Appellate Division modified the order by deleting the grant of summary judgment to the plaintiff on the Labor Law § 240(1) claim against KB Housing and substituting a denial of that branch of the motion. The court otherwise affirmed, including dismissal of all claims against KB Section One and denial of KB Housing's request to dismiss the common-law negligence and Labor Law § 200 claims.
Legal Significance
The decision underscores three points. First, even where a plaintiff presents evidence of a ladder fall sufficient to make out a prima facie Labor Law § 240(1) claim, summary judgment is improper if the defense raises a genuine factual dispute over whether the accident occurred. Second, ownership of the land alone is not enough to impose Labor Law liability where the landowner did not contract for the work, had no authority to supervise or control it, and had no sufficient nexus to the apartment or building where the injury allegedly occurred. Third, a property owner moving to dismiss common-law negligence and Labor Law § 200 claims based on a dangerous premises condition must affirmatively show lack of actual or constructive notice, including evidence of inspections or why the condition could not have been discovered.
A worker's ladder-fall claim does not automatically yield Labor Law § 240(1) summary judgment if the defendants produce evidence that the accident may not have happened, and a premises owner cannot defeat Labor Law § 200 and negligence claims without proof negating notice of the alleged defect.