Majority
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about September 8, 2014, which granted defendants’ motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for partial summary judgment on the issue of liability on his Labor Law §§ 241 (6) and 200 and common-law negligence claims as against defendants Arc Development LLC and Riverdale Heights LLC, unanimously affirmed, without costs.
Defendants were entitled to dismissal of all of plaintiff’s Labor Law claims, since plaintiff asserted the Labor Law claims for the first time in his bill of particulars, and failed to
Plaintiffs common-law negligence claim, which was pleaded in the complaint, was properly dismissed. There is no evidence that defendants supervised or controlled plaintiff’s work or had actual or constructive notice of the alleged defective condition over which plaintiff tripped (see Rajkumar v Budd Contr. Corp., 77 AD3d 595 , 596 [1st Dept 2010]).
We have considered plaintiff’s remaining contentions and find them unavailing.
Concur — Friedman, J.P., Acosta, Andrias, Saxe and Feinman, JJ.
Cases cited
- Castleton v. Broadway Mall Properties, Inc. 41 AD3d 410 at 411 p. 475
- Alami v. 215 East 68th Street, L.P. 88 AD3d 924 at 926 p. 475
- Melino v. Tougher Heating & Plumbing Co. 23 AD2d 616 at 617 p. 475
- Dhanraj Rajkumar v. Budd Contracting Corp. 77 AD3d 595 at 596 p. 475