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September 2025 In a cross-motion involving an injury sustained at a construction site at the Cortland Street subway station decided on August 27, 2025, the court had to contend with issues involving a rebar mat dotted with protruding Nelson studs. The matter was heard in Supreme Court, New York County, in the Appellate Division, Second Judicial Department. The issue before the court was whether the rebar mat with studs constituted a dangerous condition, both under NYS Labor Law ยง 200 and common-law negligence. Additionally, the court was faced with the determination of whether the defendants had actual or constructive notice of the condition, and whether traversing a rebar mat of this type was an inherent risk in the plaintiff's work.
In the instant case, defendants failed to eliminate all triable issues of fact as to whether the rebar mat dotted with protruding Nelson studs constituted a dangerous condition, a requisite element of succeeding in a motion for summary judgment (see NY CPLR 3212 Summary Judgment - Any party may move for summary judgment in any action, after issue has been joined; motion shall be denied if any party shall show facts sufficient to require a trial of any issue of fact. If it shall appear that any party other than the moving party is entitled to a summary judgment, the court may grant such judgment without the necessity of a cross-motion) Read more Case No: 2025 NY Slip Op 04771, Decided on August 27, 2025 Appellate Division, Second Department, New York County
In the instant case, defendants failed to eliminate all triable issues of fact as to whether the rebar mat dotted with protruding Nelson studs constituted a dangerous condition, a requisite element of succeeding in a motion for summary judgment (see NY CPLR 3212 Summary Judgment - Any party may move for summary judgment in any action, after issue has been joined; motion shall be denied if any party shall show facts sufficient to require a trial of any issue of fact. If it shall appear that any party other than the moving party is entitled to a summary judgment, the court may grant such judgment without the necessity of a cross-motion) Read more Case No: 2025 NY Slip Op 04771, Decided on August 27, 2025 Appellate Division, Second Department, New York County
