In this Labor Law action arising out of a construction site accident at the World Trade Center, the Appellate Division, Second Department, in accordance with M&H’s arguments, held that Plaintiff’s claim arose under premises liability theory, as opposed to the method and manner of his work, thereby imposing upon the property owner, in moving for summary judgment, the affirmative burden of establishing prima facie a lack of actual and constructive notice. 

 

Modugno v. Bovis Lend Lease Interiors

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