Kinirons v. Teachers Insurance & Annuity Ass'n of America
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*238Order, Supreme Court, New York County (Jane S. Solomon, J.), entered September 2, 2005, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The motion court properly dismissed the Labor Law § 241 (6) claim. Plaintiff testified that the tools over which he tripped belonged to an electrician who was mounting conduit on a machine room wall. The tools, which, according to plaintiffs description, had been placed just to the right of the electrician, were positioned for and “consistent with” the work being performed and were not…
2Cases cited2 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Schroth v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
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- Cumberland v. Hines Interests Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2013