Appellate Division, Second Department Overturns Cases Concerning Labor Law sec. 241(6)

The Appellate Division, Second Department in Wrighten v. ZHN Contracting Corp. reminds us that an owner’s and general contractor’s liability under Labor Law sec. 241(6) does not depend on their personal capacity to prevent or cure a dangerous condition or the absence of actual or constructive notice sufficient to cure or prevent the dangerous condition.  The Court stated Bradley v. Morgan Stanley & Co. and Bommarito v. Park Ave. Plaza Co. should not be followed to the extent those decisions can be interpreted to require notice for liability under sec. 241(6).

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