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Waller v. Site Safety LLC

Appellate Division of the Supreme Court of New York, First Department
Apr 6, 2006
28 A.D.3d 236 (N.Y. App. Div. 2006)

Opinion

8223.

April 6, 2006.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about November 10, 2004, which granted defendants' respective motions and cross motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Jaroslawicz Jaros, New York (David Tolchin of counsel), for appellant.

Scott Stone, White Plains, for Site Safety LLC, respondent.

Kral, Clerkin, Redmond, Ryan, Perry Girvan, LLP, Mineola (Thomas F. Maher of counsel), for BRF Construction Corp., respondent.

Gartner, Bloom Greiper, P.C., New York (Arthur P. Xanthos of counsel), for Mayrich Construction Corp., respondent.

Steven R. Sundheim Associates, LLC, White Plains (Michael L. Marinelli of counsel), for Century-Maxim Construction Corp., respondent.

Before: Tom, J.P., Andrias, Marlow, Williams and McGuire, JJ.


Plaintiff allegedly sustained injury when she tripped and fell over a piece of wood protruding from a barricade used in the construction of a temporary pedestrian walkway at a construction site. However, photographs of the accident location taken shortly after plaintiff's fall do not show the alleged hazard and, in any event, defendants established that they had neither actual nor constructive notice of any such hazard ( see Gordon v. American Museum of Natural History, 67 NY2d 836). Defendant Site Safety LLC's manager inspected the subject walkway shortly before the accident and found it safe, and there is no evidence that Site Safety negligently performed its duties ( see Doherty v. City of New York, 16 AD3d 124).

We have considered plaintiff's remaining contentions and find them unavailing.


Summaries of

Waller v. Site Safety LLC

Appellate Division of the Supreme Court of New York, First Department
Apr 6, 2006
28 A.D.3d 236 (N.Y. App. Div. 2006)
Case details for

Waller v. Site Safety LLC

Case Details

Full title:DEBRAH WALLER, Appellant, v. SITE SAFETY LLC et al., Respondents. (And…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 6, 2006

Citations

28 A.D.3d 236 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2621
813 N.Y.S.2d 379

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