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GARY v. FLAIR BEVERAGE CORP.

60 A.D.3d 413 (2009)

875 N.Y.S.2d 4

STEVEN GARY, Respondent, v. FLAIR BEVERAGE CORP. et al., Defendants and Third-Party Plaintiffs-Appellants. JJ's ON BROADWAY BEER & SODA CORP., Third-Party Defendant-Respondent.

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

Decided March 3, 2009.

With regard to the Labor Law § 200 and common-law negligence claims, plaintiff failed to raise an issue of fact as to whether defendants supervised, directed or controlled the work performed, or had actual or constructive notice of a dangerous condition at the work site (see Mitchell v New York Univ., 12 A.D.3d 200 [2004]). Indeed, plaintiff's failure to address this issue in its responding brief indicates an intention to abandon...

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