The following e-filed documents, listed by NYSCEF document number (Motion 001) 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 were read on this motion to/for JUDGMENT — SUMMARY. DECISION ORDER ON MOTION In this labor law action, defendants Columbia University, the Trustees of Columbia University in the City of New York, (“Columbia” and/or “defendants”) and Lend Lease (US) Construction Inc. (“Lend Lease” and/or “defendants”) seek an order pursuant to CPLR §3212 granting defendants summary judgment dismissing the plaintiff’s cause of action pursuant to Labor Law §240(1) because the plaintiff did not fall from one level to another; and granting Columbia summary judgment dismissing the plaintiff’s causes of action pursuant to Labor Law §200 and common law negligence because Columbia did not supervise, direct or control the means and methods of the work and did not have notice of a dangerous condition. Plaintiff opposes the motion.1 BACKGROUND/CONTENTIONS This action arises out of a construction project to expand Columbia University’s campus for its Manhattanville in West Harlem Development Project (“the Manhattanville Project”), with the construction of a new science building, the Mind Brain Behavior Building. In 2007 Columbia hired Lend Lease as the project manager and entered into a Construction Manager Agreement; thereafter, in 2012, Lend Lease hired Universal Builders Supply, Inc. (“UBS”), to install a platform scaffold and stair tower in the lobby of the Mind Brain Behavior Building. (NYSCEF Doc. No. 30 at
6, 9 and Doc. Nos. 31 and 33). In 2013, Lend Lease hired Forest Electric Corp. (“Forest”), plaintiff’s employer, to perform the electrical fit out scope of work in the Mind Brain Behavior Building. (Id. at 8, and Doc. No. 32). At his deposition, plaintiff testified that on November 9, 2015 he was an electrician employed by Forest, and on that date, he and a coworker were directed by Forest foreman Pete Rose to install runs of pipe in the ceiling of the lobby of the Mind Brain Building under construction, using a platform scaffold to access the ceiling. (NYSCEF Doc. No. 27 at pp. 37-40). According to the plaintiff, the only way to access the platform scaffold was by means of an abutting stair tower. (Id. at pp.44, 55-56). Plaintiff testified that the stair tower was equipped with permanent railings. (NYSCEF Doc. No. 27 at p. 46). At the top of the stair tower, on each side of the stairway, were additional handrails connecting the stair tower’s permanent railings to the scaffold railing. (Id. at pp. 46, 58-59). The plaintiff described the handrails between the stair tower and the platform scaffold as four-to five-foot long steel tubing between ½” and ¾” thick, connected at each end with tie wire. (Id. at pp. 57-59). Plaintiff testified that prior to his fall, his coworker went “up and down a few times” gathering material that was needed from the floor to be brought up to the platform scaffold. (Id. at pp. 47-48). Plaintiff testified that he told his coworker that he would go down and hand the pipe materials to him “so you don’t have to keep getting on and off this one-man lift, which is kind of tight to squeeze in and out, so that’s when I went to descend the stairs.” (Id. at p. 48). Plaintiff indicated that there was a gap at the top of the staircase and a railing going across, around three and-a-half to four feet high that he had to duck under to descend. (NYSCEF Doc. No. 27 at p. 49). He testified that he reached and noticed the makeshift railing that he grabbed onto and then reached with his left foot over the gap space so that his foot would land onto the first step. (Id. at pp. 57-59). Plaintiff testified that all his weight shifted onto his left hand that was holding onto the makeshift railing and that as he moved his left foot, the railing “gave way” and “came undone” causing him to fall. (Id.). Columbia submits the affidavit of Gary Brown, its Senior Project Manager, in support of summary judgment. Brown indicates that his statements are based on his personal knowledge, his work experience with Columbia and his review of business records created and maintained by Columbia. Brown states that he was hired by Columbia as a Project Manager in April 2001 and in 2008 was assigned to the Mind Brain Behavior Building. (NYSCEF Doc. No. 30 at
