Hecker v. State

Centra and Garni, JJ. (dissenting).

We respectfully dissent on the sole issue before us on this appeal and thus would modify the order by denying the motion in part and reinstating the Labor Law § 241 (6) claim to the extent it is premised on the violation of 12 NYCRR 23-1.7 (d). We agree with the majority *1263that the Court of Claims erred in dismissing that claim by relying on Gaisor v Gregory Madison Ave., LLC (13 AD3d 58 [2004]), inasmuch as any argument by defendant that snow removal was an integral part of claimant’s work is relevant only on the issue of comparative fault (see Booth v Seven…