Jeri Smith, a site safety inspector for construction work by contractors at a New York City wastewater treatment plant, was hurt, at the plant, when she fell on black ice. Her amended complaint charged the City of New York, WDF Inc., Malcolm Pirnie Inc. (Pirnie)—sued as Arcadis U.S. Inc.—and John Picone Inc. (Picone) with negligence and violation of Labor Law §241(6).
Where a locality has established a defense, as a matter of law, by showing it did not received prior notification of a defective condition, the plaintiff must demonstrate the applicability of an exception to such a defense in order to avoid dismissal, Justice Robert Miller wrote for a unanimous four-judge panel from the Appellate Division, Second Department.
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