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Dann v. City of Syracuse

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1996
231 A.D.2d 855 (N.Y. App. Div. 1996)

Opinion

September 27 1996.

Order unanimously affirmed without costs.

Before: Present — Pine, J.P., Fallon, Wesley, Balio and Boehm, JJ.


Gary Dann (plaintiff) was injured while working on the roof of a building under construction. A portion of the roof surface had been completed, and there was a two-inch elevational differential between the finished and unfinished portions of the roof. According to plaintiff, he was transporting bundles of roofing shingles on a two-wheel hand cart known as an insulation fork when he tripped on the two-inch lip and caught the axle of the cart on his foot or leg. The load on the cart shifted and plaintiff was struck in the head by a bundle of shingles. Plaintiffs appeal from that portion of an order granting the motion of third-party defendant A. W. Farrell Son, Inc., for summary judgment dismissing the Labor Law § 241 (6) cause of action.

We reject plaintiffs' contention that the alleged violations of the Industrial Code, namely, 12 NYCRR 23-1.5 (c) (2) and 23-1.7 (e) (2), support their section 241 (6) cause of action. Section 23-1.5 (c) (2) reiterates a general standard of care and does not set forth the concrete specifications required to support a Labor Law § 241 (6) cause of action ( Williams v White Haven Mem. Park, 227 AD2d 923). Moreover, plaintiffs failed to show that the cart was defective. Section 23-1.7 (e) (2), which requires that work areas be kept free from accumulations of dirt and debris and from scattered tools and sharp projections, does not apply. The two-inch lip between the finished and unfinished portions of the roof was an integral part of the roof being installed ( see, Adams v Glass Fab, 212 AD2d 972, 973). (Appeal from Order of Supreme Court, Onondaga County, Mordue, J. — Summary Judgment.)


Summaries of

Dann v. City of Syracuse

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1996
231 A.D.2d 855 (N.Y. App. Div. 1996)
Case details for

Dann v. City of Syracuse

Case Details

Full title:GARY DAN N et al., Appellants, v. CITY OF SYRACUSE et al., Respondents and…

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

Date published: Sep 27, 1996

Citations

231 A.D.2d 855 (N.Y. App. Div. 1996)
647 N.Y.S.2d 617

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