Justice Margaret A. Chan

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Carpenter Mooney, employed by subcontractor Bryan-Does-It, sued for damages from defendants for personal injuries allegedly sustained when he knelt on top of a screw while installing file cabinets and fell, twisting his right leg, asserting Labor Law violations. Defendants moved for summary judgment against Mooney, who cross-claimed for summary judgment against BP/CG Center II, Citigroup and Tone on liability and for an immediate damages trial. Mooney testified he did not see the screw before the incident, and did not know where it came from, noting there were several varying contractors on the same floor where he worked. The court denied Mooney’s cross-motion as untimely. Defendants presented evidence they neither supervised nor controlled the work, and did not create or have actual or constructive notice of the unsafe condition. The court rejected Mooney’s claim defendants should have known of the defect, noting his testimony of other unidentified contractors working on the same floor. Thus, Mooney’s imputation of constructive notice on defendants did not raise a fact issue to defeat defendants’ prima facie entitlement to summary judgment on Labor Law §200 and common law negligence claims. The complaint was dismissed.