Practice point: The Appellate Division determined that dismissal of plaintiff's Labor Law § 241(6) claim was warranted as there was no evidence that plaintiff's accident was the result of a
failure to remove or cover a foreign substance, and masonite is not a
slipping hazard contemplated by 12 NYCRR 23-1.7(d). In addition, 12 NYCRR 23-1.7(e), which requires work
areas to be kept free of tripping hazards, is inapplicable because
plaintiff does not allege that he tripped on an accumulation of dirt or
debris. Instead, he testified that he slipped on an unsecured piece of
masonite, which was not a tripping hazard.
Student note: The court declined to consider plaintiff's fact-based argument that the accident resulted from a slippery condition caused by construction dust, as this argument was raised for the first time on appeal.
Case: Stier v. One Bryant Park LLC, NY Slip Op 00458 (1st Dept. 2014).
Here is the decision.
Tomorrow's issue: Another fall, this time at the market.
