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Tucker v. Edgewater Construction Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 865 (N.Y. App. Div. 2001)

Opinion

March 21, 2001.

Appeal from Order of Supreme Court, Erie County, O'Donnell, J. — Summary Judgment.

Before: PIGOTT, JR., P. J., HURLBUTT, KEHOE AND LAWTON, JJ.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:

We modify the order by denying those parts of defendants' cross motions seeking summary judgment dismissing the Labor Law § 241 (6) claim and by reinstating that claim. The Labor Law § 241 (6) claim is premised ( see generally, Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501-505) on defendants' alleged violation of 12 NYCRR 23-1.7 (d), which provides for protection from slipping hazards, and 12 NYCRR 23-1.24 (a) (1) (i), which requires roofing brackets to be used in certain situations during the performance of work on a roof having a slope steeper than one in four. Both regulations are sufficiently specific to support a Labor Law § 241 (6) claim ( see, Lessard v. Niagara Mohawk Power Corp., 277 A.D.2d 941 [decided Nov. 13, 2000]; Stasierowski v. Conbow Corp., 258 A.D.2d 914, 915; Rudolph v Hofstra Univ., 225 A.D.2d 680, 681; see generally, Ross v Curtis-Palmer Hydro-Elec. Co., supra, at 502-505). Moreover, both regulations are applicable to the facts of this case and arguably were violated by defendants, thus warranting a trial of the Labor Law § 241 (6) claim.


Summaries of

Tucker v. Edgewater Construction Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 865 (N.Y. App. Div. 2001)
Case details for

Tucker v. Edgewater Construction Co.

Case Details

Full title:STEPHEN K. TUCKER AND SHARON TUCKER, PLAINTIFFS-APPELLANTS, v. EDGEWATER…

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

Date published: Mar 21, 2001

Citations

281 A.D.2d 865 (N.Y. App. Div. 2001)
722 N.Y.S.2d 189

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