Duffina v. County of Essex

I recognize that, notwithstanding the seemingly contrary language of the statute, Labor Law § 241 (6) has been judicially extended to encompass highway repaving projects (see Mosher v State of New York, 80 NY2d 286, 288-289 [1992]; see also Ares v State of New York, 80 NY2d 959, 960 [1992]; Torres v Springcreek Assoc., 295 AD2d 976, 977 [2002]), and I acknowledge both that plaintiff has alleged the violation of a specific provision of the Industrial Code and that the record before us contains conflicting proof as to the cause of the asserted brake failure. For those reasons, and given the…