Thornton v. Riverbay Corp.

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered June 4, 2013, which, to the extent appealed from, denied that part of the motion of defendant Riverbay Corporation (Riverbay) for summary judgment dismissing the Labor Law § 241 (6) claim under Industrial Code (12 NYCRR) § 23-1.7 (e) (1), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of Riverbay dismissing the complaint as against it.

The record demonstrates that there is no triable issue of fact as to whether the proximate cause of plaintiff’s injury…