Legal Opinion

Cumberland v. Hines Interests Ltd. Partnership

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

Decided April 9, 2013Published

1Opinion of the Court

—Order, Supreme Court, New York County (Paul G. Feinman, J.), entered June 29, 2011, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing plaintiffs Labor Law § 241 (6) claim, unanimously modified, on the law, the motion denied with respect to the claim based on an alleged violation of Industrial Code (12 NYCRR) § 23-1.7 (e) (1), and otherwise affirmed, without costs.

Contrary to the motion court’s conclusion, plaintiffs deposi*466tion testimony raised an issue of fact as to whether he fell in a “passageway” or an open work area…

2Cases cited4 opinions

  1. O'SULLIVAN v. IDI Construction Company, Inc.New York Court of Appeals · 2006
  2. O'Sullivan v. IDI Construction Co.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Burkoski v. Structure Tone, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Kinirons v. Teachers Insurance & Annuity Ass'n of AmericaAppellate Division of the Supreme Court of the State of New York · 2006

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