Tucker v. Edgewater Construction Co.

281 A.D.2d 865, 722 N.Y.S.2d 189, 2001 N.Y. App. Div. LEXIS 2688

Opinion

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We modify the order by denying those parts of defendants’ cross motions seeking summary judgment dismissing the Labor Law § 241 (6) claim and by reinstating that claim. The Labor Law § 241 (6) claim is premised (see gen erally, Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 501-505) on defendants’ alleged violation of 12 NYCRR 23-1.7 (d), which provides for protection from slipping hazards, and 12 NYCRR 23-1.24 (a) (1) (i), which requires roofing brackets to be used in certain situations during the performance of work on a roof having a slope steeper than one in four. Both regulations are sufficiently specific to support a Labor Law § 241 (6) claim {see, Lessard v Niagara Mohawk Power Corp., 277 AD2d 941; Stasierowski v Conbow Corp., 258 AD2d 914, 915; Rudolph v Hofstra Univ., 225 AD2d 680, 681; see generally, Ross v Curtis-Palmer Hydro-Elec. Co., supra, at 502-505). Moreover, both regulations are applicable to the facts of this case and arguably were violated by defendants, thus warranting a trial of the Labor Law § 241 (6) claim. (Appeal from Order of Supreme Court, Erie County, O’Donnell, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Hurlbutt, Kehoe and Lawton, JJ.