Fisher v. Brown Group, Inc.

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of plaintiff for partial summary judgment on defendant’s liability under Labor Law § 241 (6). Contrary to plaintiff’s contention, the violation of a specific provision of the Industrial Code, even if admitted by defendant, “does not establish negligence as a matter of law but is ‘merely some evidence to be considered on the question of a defendant’s negligence’ ” (Schmeer v County of Monroe, 175 AD2d 633, 633-634, quoting Zimmer v Chemung County Performing Arts, 65 NY2d 513, 522, rearg denied 65…