Da Silva v Delshah-OTL-Start 22 Chapel Prop. Owner, LLC

Holding The Appellate Division reversed the lower court’s dismissal of the common-law negligence and Labor Law § 200 claims because the defendants failed to eliminate triable issues of fact regarding their authority to supervise the work and their constructive notice of the dangerous condition. The court affirmed the dismissal of the Labor Law § 241(6) claims predicated on specific Industrial Code violations, finding the cited regulations inapplicable to the facts.

The court’s words

the defendants failed to eliminate triable issues of fact as to whether they had authority to exercise supervision and control over the work

2026 NY Slip Op 06094, at the official text

the area where he fell did not constitute a passageway as contemplated by that provision

2026 NY Slip Op 06094, at the official text

the plaintiff failed to establish his prima facie entitlement to judgment as a matter of law on the issue of liability

2026 NY Slip Op 06094, at the official text