Appellate Division, First Department · October 20, 2026 · 2026 NY Slip Op 06066
Mema v Procida Constr. Corp.
Read the official decision: 2026 NY Slip Op 06066
Holding The court affirmed the denial of summary judgment on Labor Law § 200 and common-law negligence claims because the defendant failed to establish a lack of supervisory control. However, it reversed the grant of partial summary judgment on the Labor Law § 240(1) claim, finding that the plaintiff’s testimony regarding a wet floor created a triable issue of fact regarding causation.
The court’s words
Defendant failed to make a prima facie showing that it did not exercise supervisory control over plaintiff's work
2026 NY Slip Op 06066, at the official text
this response by plaintiff is at best ambiguous for several reasons
2026 NY Slip Op 06066, at the official text
defendant raised an issue of fact by pointing to plaintiff's testimony that the accident was also caused by his foot slipping on a wet floor
2026 NY Slip Op 06066, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 20, 2026 |
| Citation | 2026 NY Slip Op 06066 |
| Area of law | Labor Law and Construction Accidents |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06066 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1326 |
Recommended citation
ESQ HQ, New York Law Watch, Mema v Procida Constr. Corp., 2026 NY Slip Op 06066 (Appellate Division, First Department, October 20, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06066/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works