Rajkumar v. Budd Contracting Corp.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered July 29, 2013, which granted defendant Budd Contracting Corporation’s motion for summary judgment dismissing plaintiffs common law negligence and Labor Law § 200 claims against it, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff, an employee of a framing contractor, commenced this action alleging that he slipped and was injured while carrying a framed mirror when his foot became caught in a seam between pieces of construction paper laid by general contractor Budd to protect a newly installed floor during a hotel lobby renovation project. Plaintiff alleges that Budd created the defective condition that caused his accident. Thus Budd’s arguments regarding actual and constructive notice are irrelevant. While Budd asserts that there was no evidence that the