Legal Opinion

Brady v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided June 12, 2008Published

1Opinion of the Court

*332Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered March 22, 2007, which, insofar as appealed from, granted defendants’ motion for summary judgment dismissing the causes of action under Labor Law §§ 200 and 241 (6), unanimously reversed, on the law, without costs, the motion denied and those two causes of action reinstated.

Plaintiff relies on 12 NYCRR 23-1.25 (d) as the predicate for liability under Labor Law § 241 (6). That section requires that all persons engaged in welding and flame cutting operations “be provided with approved eye protection suitable for the work…

2Cases cited2 opinions

  1. McByrne v. Ambassador Construction Co.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Winkelman v. Alcan Aluminum Corp.Appellate Division of the Supreme Court of the State of New York · 1998

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