Legal Opinion
Smith v. Hines GS Properties, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 18, 2006PublishedCited by 10 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Louis B. York, J.), entered April 18, 2005, which, to the extent appealed from, granted defendants’ motion for summary judgment dismissing so much of the complaint as based on Labor Law § 241 (6), unanimously reversed, on the law, without costs, that portion of the motion denied, and the claim under section 241 (6) reinstated.
The open area between the building under construction and the materials storage trailers was not a “passageway” or walkway covered by Industrial Code (12 NYCRR) § 23-1.7 (e) (1) (see Dalanna v City of New York, 308 AD2d 400 [2003]).…
2Cases cited3 opinions
- Dalanna v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Maza v. University Avenue Development Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Muscarella v. Herbert Construction Co.Appellate Division of the Supreme Court of the State of New York · 1999
3Cited by10 opinions
- Dhanraj Rajkumar v. Budd Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Potenzo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
- Gallina v. MTA Capital Constr. Co.Appellate Division of the Supreme Court of the State of New York · 2021
- Gallina v. MTA Capital Constr. Co.Appellate Division of the Supreme Court of the State of New York · 2021
- Nicholson v. Sabey Data Ctr. Props., LLCAppellate Division of the Supreme Court of the State of New York · 2022
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