From Casetext: Smarter Legal Research

Basile v. ICF Kaiser Engineers Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
May 31, 1996
227 A.D.2d 959 (N.Y. App. Div. 1996)

Opinion

May 31, 1996

Appeal from the Supreme Court, Erie County, Doyle, J.

Present — Green, J.P., Pine, Lawton, Balio and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment dismissing the complaint seeking damages for common-law negligence and violations of Labor Law §§ 200, 240 (1) and § 241 (6). Angelo Basile (plaintiff) slipped on a stack of pipes and fell onto the pipes. Thus, he did not fall from an elevated work site ( see, Mitchell v. County of Jefferson, 226 A.D.2d 1109; Cipolla v. Flickinger Co., 172 A.D.2d 1064, 1065), and the accident did not involve an elevation-related risk encompassed by Labor Law § 240 (1) ( see, Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501; Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 514).

To establish a prima facie cause of action under Labor Law § 241 (6), plaintiff was required to show that defendants, as nonsupervising owners or contractors, violated a specific rule or regulation of the Commissioner of Labor "mandating compliance with concrete specifications" ( Ross v. Curtis-Palmer Hydro-Elec. Co., supra, at 505). He failed to meet that burden. Industrial Code (12 N.Y.CRR) § 23-1.5 states a general standard of care and does not support a Labor Law § 241 (6) violation ( McGrath v. Lake Tree Vil. Assocs., 216 A.D.2d 877; see also, Dombrowski v Schwartz, 217 A.D.2d 914). The pipes had been delivered and stacked in a staging area in order to be cleaned. The stack of pipes did not constitute a passageway or elevated work area, and thus 12 NYCRR 23-1.7 (d) does not apply ( see, McGrath v. Lake Tree Vil. Assocs., supra; Stairs v. State St. Assocs., 206 A.D.2d 817, 818). Moreover, the slippery substance was an integral part of the pipes ( see, Adams v. Glass Fab, 212 A.D.2d 972, 973). The remaining sections of the Industrial Code relied upon by plaintiff ( 12 NYCRR 23-3.3, 23-5.1, 23-9.8) also do not apply to this case.

Lastly, the proof establishes that defendants exercised no supervisory control over plaintiff's work. Thus, defendants were entitled to summary judgment dismissing the common-law negligence and Labor Law § 200 causes of action ( see, Comes v. New York State Elec. Gas Corp., 82 N.Y.2d 876, 877).


Summaries of

Basile v. ICF Kaiser Engineers Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
May 31, 1996
227 A.D.2d 959 (N.Y. App. Div. 1996)
Case details for

Basile v. ICF Kaiser Engineers Corp.

Case Details

Full title:ANGELO BASILE et al., Appellants, v. ICF KAISER ENGINEERS CORP. et al.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 31, 1996

Citations

227 A.D.2d 959 (N.Y. App. Div. 1996)
643 N.Y.S.2d 854

Citing Cases

Albericci v. Port Auth. of N.Y. & N.J.

e particular work site at issue (Rizzuto, at 348–349, 670 N.Y.S.2d 816, 693 N.E.2d 1068 ; Ross, at 502, 601…

Quigley v. Port Auth. of N.Y. & N.J.

A violation of Labor Law §241(6) necessarily requires a failure to comply or adhere to external rules and…