Legal Opinion
Garcia v. Renaissance Gardens Associates
Appellate Division of the Supreme Court of the State of New York
Decided September 18, 1997PublishedCited by 6 opinions
1Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (William Davis, J.), entered April 1, 1996, which, insofar as appealed from, dismissed plaintiffs claim under Labor Law § 241 (6) after the close of plaintiffs case, unanimously affirmed, without costs.
Although a violation of 12 NYCRR 23-1.7 (e) may provide the basis for a claim under Labor Law § 241 (6) (see, e.g., Colucci v Equitable Life Assur. Socy., 218 AD2d 513), the trial court correctly held that that provision of the Industrial Code has no application to the facts of this case, which involve a hazard that arose from an…
2Cases cited3 opinions
- Adams v. Glass Fab, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Lenard v. 1251 Americas AssociatesAppellate Division of the Supreme Court of the State of New York · 1997
- Colucci v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by6 opinions
- Vieira v. Tishman Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Moses v. PinazoAppellate Division of the Supreme Court of the State of New York · 1999
- McKenna v. Lehrer McGovern Bovis, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Mooney v. BP/CG Ctr. II, LLCAppellate Division of the Supreme Court of the State of New York · 2020
- Thornton v. Riverbay Corp.Appellate Division of the Supreme Court of the State of New York · 2014
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