Court of Appeals of New York

In a negligence suit by a park maintenance worker against a subcontractor of a construction company, alleging injury from trying to move a trash can that the plaintiff did not know was filled with concrete, the lower courts' denial of summary judgment to the defendant is affirmed, where: 1) the defendant failed to meet its burden of demonstrating that triable issues did not exist on the question of who placed the concrete in the trash can; 2) there was no evidence establishing that the disposal of construction debris into a public trash can by a subcontractor would not constitute negligence; 3) the risk of injury due to moving very heavy garbage cans filled with concrete was not, as a matter of law, inherent in the plaintiff's work; and 4) there remained triable issues of fact pertaining to whether the risk that the trash can could be filled with concrete was ordinary and obvious.

Appellate Information

• Decided 02/16/2012
• Published 02/16/2012

Judges

• Lippman

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Amy L. Fenno, Brian J. Isaac