Practice point: The Appellate Division determined that the motion court should have granted those branches of defendants' cross motion which were for summary judgment
dismissing, insofar as asserted against them, the cause of action
pursuant to Labor Law § 241(6) to the extent that it was predicated on
alleged violations of 12 NYCRR 23-2.1(a)(1) and (b). As the accident did
not involve the obstruction of a "passageway, walkway, stairway or other
thoroughfare" by a material pile, 12 NYCRR 23-2.1(a)(1)
was not applicable.
Student note: The general duty imposed by 12 NYCRR 23-2.1(b) does not set
forth a directive sufficiently specific to support a 241(6) cause of action.
Case: Ginter v. Flushing Terrace, LLC, NY Slip Op 06941 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: Denial of summary judgment in an action resulting from a motor vehicle accident.
