Read O'Sullivan v. IDI Constr. Co., 163 SSM 23

The courts below properly concluded that plaintiff's Labor Law section 241(6) cause of action, based on 12 NYCRR 23-1.7(e)(1) and (2), failed because the electrical pipe or conduit that plaintiff tripped over was an integral part of the construction, and plaintiff cannot recover in negligence or pursuant to Labor Law section 200 because no triable issue of fact exists that defendant's on-site safety manager controlled the activity bringing about the injury to enable it to avoid an unsafe condition or that defendant maintained an unreasonably dangerous work environment.

Appellate Information

• Decided 08/31/2006
• Published 08/31/2006

Court

• Court of Appeals of New York

Counsel