Caminito v. Douglaston Development, LLC

Order, Supreme Court, New York County (Debra A. James, J.), entered November 2, 2015, which, insofar as appealed from as limited by the briefs, upon reargument, denied defendants’ motion for summary judgment dismissing plaintiffs’ Labor Law § 241 (6) claim to the extent it is predicated on a violation of Industrial Code (12 NYCRR) § 23-1.7 (e) (2), unanimously affirmed, without costs.

Plaintiff Victor Caminito was employed by nonparty Port Morris as a marble setter. Port Morris was a subcontractor on a 30-story building under construction that was ultimately going to be a condominium with…