Reyes vs. Arco Management Corp(App. Div. 2nd Dep't); Tricky Decision regarding Section 200 of the Labor Law.

This is a case that all attorneys who practice in the personal injury arena have to read and understand. Plaintiff was employed by a landscaping company. Reyes(plaintiff) was mowing on defendant's property. Apparently, the lawn mower's blade spun after it tipped upon entering a hole near a wall. The employer was cited for the lack of an"emergency shutoff switch" . The Appellate Division affirmed denial of defendant's summary judgment motion. The thrust of the decision as I read it, is that when an accident involves defects in both the premises and the equipment used at the worksite, the property owner seeking summary judgment relating to Section 200 must address proofs relative to both liability standards. Tricky stuff! Beware!