Boggs v. City of New York

Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered April 9, 2015, which, in this action alleging, inter alia, violation of Labor Law § 241 (6), denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The record presents triable issues of fact as to where the accident happened and whether there was adequate lighting at the subject work area in accordance with Industrial Code (12 NYCRR) § 23-1.30. The decedent’s coworker, who was with decedent at the time he was struck and killed by a train, testified that the banker…