Garcia v. 95 Wall Associates, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Richard F. Braun, J.), entered April 25, 2013, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment to the extent of dismissing that portion of plaintiffs Labor Law § 241 (6) claim predicated on the alleged violation of Industrial Code (12 NYCRR) § 23-1.28 (a), and denied the motion as to the claim predicated on 12 NYCRR 23-1.28 (b), unanimously reversed, on the law, without costs, the motion denied as to the claim predicated on 12 NYCRR 23-1.28 (a), and granted as to the claim predicated on 12…
2Cases cited4 opinions
- Brasch v. Yonkers Construction Co.Appellate Division of the Supreme Court of the State of New York · 2003
- Picchione v. Sweet Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Gray v. Balling Construction Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Wegner v. State Street Bank & Trust Co. of Connecticut National Ass'nAppellate Division of the Supreme Court of the State of New York · 2002