Stating a 241(6) Labor Law claim.

Practice Point: To state a claim under § 241(6), a plaintiff must identify a specific Industrial Code provision mandating compliance with concrete specifications.

Student note: The statute imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to persons employed in, or lawfully frequenting, all areas in which construction, excavation, or demolition work is being performed.

Case:  Capuano v. Tishman Constr. Corp., NY Slip Op 06109 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Collateral estoppel