Opalinski v. City of New York

Austin, J.,

concurs in part and dissents in part, and votes to modify the order dated December 6, 2011, by deleting the provision thereof granting that branch of the defendants’ motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 241 (6) insofar as it was premised upon a violation of Industrial Code § 23-1.10 (b) (1) (12 NYCRR 23-1.10 [b] [1]), and substituting therefor a provision denying that branch of the motion, otherwise affirm the order dated December 6, 2011, insofar as appealed from, and affirm the order dated March 29, 2012, insofar…