Zacher v. Niagara Frontier Services, Inc.

—Order unanimously affirmed without costs. Memorandum: We reject the

contention of defendant Charlestowne Floors, Inc., and third-party defendant, Butera Carpet & Tile, Inc. (defendants) that Supreme Court erred in denying their motion for partial summary judgment dismissing plaintiffs’ Labor Law § 241 (6) cause of action. The requirement that "a plaintiff must allege violation of a specific safety regulation promulgated by the Commissioner of the Department of Labor” (Foster v Spevack, 198 AD2d 892, 894; see, Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 505) was satisfied by the…