Rohan v. Turner Construction Co.

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered August 5, 2015, which, to the extent appealed from, denied the motion of defendants Turner Construction Company and Gladden Properties LLC (together defendants) for summary judgment dismissing the Labor Law § 241 (6) claim as against them and the common-law negligence and Labor Law § 200 claims as against Turner, unanimously affirmed, without costs.

Summary judgment dismissing the Labor Law § 241 (6) claim is not warranted, since an issue of fact exists as to whether Industrial Code (12 NYCRR) § 23-1.22 (b) (1), pertaining to…