Garcia v. 95 Wall Associates, LLC

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…