Archive:April 22, 2008

Geonie v. O.D. & P. N.Y., Ltd., 855 N.Y.S.2d 495 (N.Y. App. Div. 2008)

An injured worker, Geonie, filed a negligence suit against multiple defendants, including the general contractor, after stepping into an opening left by the removal of a tile from a raised floor in a computer room.  Geonie argued that defendants failed to provide adequate safety devices to protect against an elevation-related hazard and failed to adequately supervise the work area.  He further claimed that because the removed tile was discussed at weekly safety meetings, the defendants had, at least, constructive notice of the problem.  The trial court dismissed Geonie’s claims under New York Labor Law and his negligence claim against the general contractor. Read More

Hakimi v. Cantwell Landscaping & Design, Inc., 855 N.Y.S.2d 273 (N.Y. App. Div. 2008)

Hakimi filed a breach of contract claim against Cantwell stemming from landscaping work performed on the property where Hakimi was having a new home built.  Cantwell admitted that it was not licensed as a home improvement contractor at the time it did the work.  In response to the lawsuit suit, Cantwell filed a mechanic’s lien and a notice of pendency against Hakimi’s property.  Cantwell claimed that it did not need a home improvement contractor’s license because Hakimi was building a new house and the administrative code exempted new home construction from the home improvement licensing requirements.  Hakimi moved to dismiss Cantwell’s counterclaims and the Supreme Court denied the motion. Read More