Justice Saliann Scarpulla
Owner Zwirner moved for summary judgment dismissing the complaint in this action to recover damages for personal injuries allegedly suffered by worker Posa after he fell from a ladder while on a construction project. Posa fell and cut his hand on a piece of steel fastened to the wall. He claimed he checked to see that the ladder was stable but it was so dark he could not see the debris under the ladder. Posa alleged causes of action under Labor Law §§240, 241, and 200. The court previously dismissed the complaint as to DZI, Zwirner’s art gallery, but Posa moved to renew, arguing Zwirner’s assistant, Adams’ testimony revealed she acted on behalf of DZI at the site. He alleged there were issues of fact as to Zwirner’s control over the site, claiming Adams directed workers in the removal of debris. The court agreed, finding there were triable issues of fact precluding summary judgment for Zwirner on the Labor Law claims. As Posa claimed he fell because of debris around his ladder and inadequate lighting at the premises, the court found Posa’s testimony created a triable issue of fact. Also, Zwirner failed to show he did not have notice of the alleged dangerous condition.
