Justice David Schmidt

Defendants moved for summary judgment dismissing Nolan’s complaint for personal injuries sustained at a work site. Nolan alleged he walked into the edge of one of several pieces of irregularly shaped plywood stacked vertically against a wall. He asserted violations of Labor Law §§200 and 241(6). The court stated the circumstances surrounding the injury precluded it from making a decision that the condition was open and obvious, stating the plywood was placed against a rounded portion of the wall such that the edges of the irregularly shaped pieces extended outward and away from the wall. It also noted the condition was newly created and existed for only a brief period before the incident, stating the evidence submitted by defendants, including Nolan’s deposition, was insufficient to establish defendants’ entitlement to judgment on this issue. Further, as the court concluded Nolan’s §200 claim was premised on the existence of a dangerous condition, defendants’ proof failed to demonstrate the absence of a triable issue of fact regarding their control of the premises or notice of the allegedly dangerous condition. It noted defendants also have not submitted evidence sufficient to entitle them to judgment on Nolan’s §241(6) claim.