Sainato v. City of Albany
Plaintiff Nicola Sainato, an employee of Hudson River Construction, was injured by a falling streetlight pole while working on sidewalk removal in Albany. Plaintiffs sued the City of Albany alleging Labor Law violations. The Supreme Court partially denied the City's summary judgment motion on Labor Law §§ 200 and 241(6) but granted it on § 240, and allowed plaintiffs to amend their complaint for common-law negligence. On appeal, the court reversed the denial of summary judgment for Labor Law § 200, finding the City lacked control and notice, and also reversed the permission to amend for common-law negligence. However, the court affirmed the denial of summary judgment for Labor Law § 241(6) concerning Industrial Code 12 NYCRR 23-4.1(a), while deeming other regulations inapplicable. The order was modified and affirmed as modified.