Opinion
May 23, 2000.
Order, Supreme Court, New York County (Lorraine Miller, J.), entered March 29, 1999, which, to the extent appealed from, denied those branches of defendant W.J.S.'s motion, and those branches of the cross motions of defendant WBS Commercial Construction Services, defendant Wildman Bernhardt, and defendant Municipal Electric Company for summary judgment dismissing plaintiffs' claims of violations of Labor Law §§ 200 and 241 (6) and common-law negligence, unanimously affirmed, without costs.
Brian J. Isaac, for plaintiffs-respondents.
Carol R. Finocchio Lawrence B. Goodman, for defendants-appellants.
Carol R. Finocchio Lawrence B. Goodman, for plaintiff-appellant-respondent.
Lawrence L. Flynn, for defendant-respondent-appellant.
Before: Rosenberger, J.P., Williams, Mazzarelli, Rubin, Friedman, JJ.
Plaintiffs' assertion of 12 N.Y.CRR § 23-1.7 (e) (2) was procedurally acceptable (see, Noetzell v. Park Ave. Hall Hous. Dev. Fund, 271 A.D.2d 231, 2000 N.Y. App. Div. LEXIS 3889), and raised a triable issue of fact as to whether the complained of tripping hazard was an integral part of plaintiff employee's work (see, Lenard v. 1251 Am. Assocs., 241 A.D.2d 391, 394). There is also a question of fact as to the general contractors' authority to control "plaintiff's activities, the manner of [the employer's] work or the overall operation and safety of this worksite" (see, Rice v. City of Cortland, 262 A.D.2d 770, 773), and whether or not the workplace danger was from a "readily observable condition" (see, Dorr v. Gen. Elec. Co., 235 A.D.2d 883, 885). We have considered appellants' remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.