Berardi v 900 Third Ave., L.P.

Holding The court affirmed summary judgment on the plaintiff’s Labor Law § 241(6) claim, finding that the general contractor and owner were liable for a tripping hazard created by an inadequately secured tarp in a passageway. The court rejected defenses based on lack of notice, the integral-to-the-work doctrine, and the plaintiff’s alleged sole proximate cause.

The court’s words

The evidence shows that plaintiff fell on a tripping hazard in a passageway and therefore establishes as a matter of law plaintiff's entitlement to summary judgment on his Labor Law § 241(6) claim

2026 NY Slip Op 05370, at the official text

Under Labor Law § 241(6), a general contractor or owner is not absolved of liability for lack of notice of a dangerous condition or for lack of an opportunity to cure a dangerous condition

2026 NY Slip Op 05370, at the official text

The integral-to-the-work defense is not available because defendants could have used other appropriate and safe measures that would have protected the carpet and would not have obstructed plaintiff from doing his work

2026 NY Slip Op 05370, at the official text