Olshewitz v. City of New York

Order, Supreme Court, New York County (Louis B. York, J.), entered March 26, 2008, which, to the extent appealed from, granted plaintiff partial summary judgment on his Labor Law § 241 (6) claim, unanimously affirmed, without costs.

Plaintiffs Labor Law § 241 (6) claim is predicated on a violation of Industrial Code (12 NYCRR) § 23-1.7 (b) (1), which regulates the safeguarding of hazardous openings. Defendant-appellant argues that the court erred in granting partial summary judgment as to liability on plaintiffs section 241 (6) claim because there are triable issues of fact concerning…