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WILLIAMS v. 7-31 LTD. PARTNERSHIP

54 A.D.3d 586 (2008)

864 N.Y.S.2d 1

ROBERT WILLIAMS, Respondent, v. 7-31 LIMITED PARTNERSHIP et al., Defendants, and INDEPENDENT AERIAL EQUIPMENT, Appellant. INDEPENDENT AERIAL EQUIPMENT, Third-Party Plaintiff-Appellant, v. ENCLOS CORP., Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 9, 2008.

While issues of fact exist as to whether Independent was negligent in supplying a defective or unsafe scissor lift to Enclos for plaintiff's ultimate use (see Urbina v 26 Ct. St. Assoc., LLC, 12 A.D.3d 225, 226 [2004]), plaintiff's Labor Law § 200 claim should have been dismissed (Greco v Archdiocese of N.Y., 268 A.D.2d 300, 301 [2000]). While section 200 merely codifies the common...

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