VIEIRA v. TISHMAN CONSTR. CORP.


255 A.D.2d 235 (1998)

679 N.Y.S.2d 618

Louis Vieira, Appellant, v. Tishman Construction Corporation et al., Respondents and Third-Party Plaintiffs-Respondents. Alumni Plumbing & Heating Corp. et al., Third-Party Defendants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 19, 1998


Plaintiff tripped over wire mesh installed on top of a metal grid, known as "Q-decking", covering an unfinished floor of the building under construction, which mesh becomes part of the structure of the floor when concrete is poured in the Q-decking. Although the Industrial Code regulations cited by plaintiff (12 NYCRR 23-1.7 [e] [1], [2]) are sufficiently specific to support a Labor Law § 241 (6) cause of action (Adams v Glass Fab, 212 A.D.2d...

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