Temes v. Columbus Centre LLC

Order, Supreme Court, New York County (Sherry Klein Heitler, J), entered October 26, 2006, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, to deny the motion insofar as addressed to the cause of action under Labor Law § 241 (6), that cause of action reinstated, and otherwise affirmed, without costs.

Plaintiff Barry Temes, while working for a contractor in a newly constructed building, allegedly slipped on a patch of ice covered by construction dirt and wrenched his hip. He testified that at the time of the accident, he was…