Ahern v. NYU Langone Medical Center

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered December 14, 2015, which, to the extent appealed from as limited by the briefs, granted defendant Cardella Trucking Company, Inc.’s motion, and defendants NYU Langone Medical Center and Hospital for Joint Diseases’ (together the NYU Hospital defendants) motion, for summary judgment dismissing plaintiff’s Labor Law § 241 (6) claim predicated upon an alleged violation of Industrial Code (12 NYCRR) § 23-1.28 (b), and denied plaintiff’s cross motion for partial summary judgment on the same claim, unanimously modified, on the…