The following numbered papers read on this motion by defendants for summary judgment dismissing the complaint.Papers/E-File NumberedNotice of Motion-Affidavits-Exhibits 24-37Answering Affidavits-Exhibits 40Replying Affidavits
*1 Upon the foregoing papers it is ordered that this motion is granted and the complaint is dismissed. The plaintiff, an employee of non-party Adam’s European Contracting (Adam’s), was allegedly injured on September 9, 2013 at PS 104 while he was climbing through the bent iron bars of the fence surrounding the school. Adam’s contracted with the New York City School Construction Authority (SCA) to perform construction work at PS 104 a school owned and operated by the defendants City of New York and the New York City Department of Education. Plaintiff commenced this action against the defendants alleging violation of Labor Law §241(6), §200 and common law negligence.Defendants now move for summary judgment dismissing all causes of action on the grounds that they cannot be held liable pursuant to Labor Law §200 or common law negligence since they did not have the authority to supervise or control the plaintiff nor did they have notice of an allegedly dangerous condition which was a proximate cause of plaintiff’s accident.Labor Law §200 is a codification of the common-law duty of an owner or contractor to provide employees with a safe place to work (see Comes v. New York State Elec. & Gas Corp., 82 NY2d 876, 877 [1993]; Costa v. Sterling Equip., Inc., 123 AD3d 649 [2014]).“Cases involving Labor Law §200 fall into two broad categories: namely, those where workers are injured as a result of dangerous or defective premises conditions at a work site, and those involving the manner in which the work is performed” (Ortega v. Puccia, 57 AD3d 54, 61 [2008]; see Cody v. State of New York, 82 AD3d 925, 926 [2011]; McKee v. Great Atl. & Pac. Tea Co., 73 AD3d 872, 873 [2010]; Chowdhury v. Rodriguez, 57 AD3d 121, 128 [2008]; Markey v. C.F.M.M. Owners Corp., 51 AD3d 734, 736 [2008]).In this case the plaintiff’s Labor Law §200 and common law negligence claims are based upon the claim that there existed two dangerous conditions on the premises. The first being a locked construction gate and the second being the bent iron bars of the iron fence surrounding the school where plaintiff’s accident allegedly occurred. Where a claim is based
