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KAGAN v. BFP ONE LIBERTY PLAZA

62 A.D.3d 531 (2009)

879 N.Y.S.2d 119

BORIS KAGAN et al., Appellants, v. BFP ONE LIBERTY PLAZA et al., Respondents. (And a Third-Party Action.)

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

Decided May 19, 2009.

Plaintiffs failed to raise an issue of fact whether defendants either created or caused the condition complained of or exercised supervision or control over the work performed by the injured plaintiff and had actual or constructive notice of the condition so as to sustain the Labor Law § 200 and common-law negligence claims (see Buckley v Columbia Grammar & Preparatory, 44 A.D.3d 263, 272 [2007], lv denied 10 N.Y...

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