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  5. 55 N.Y.2d 154 (1982)
 

LONG v. FOREST-FEHLHABER

55 N.Y.2d 154 (1982)

Ernest A. Long, Jr., Respondent, v. Forest-Fehlhaber, Defendant-Appellant and Third-Party Plaintiff-Appellant. Walsh Corbetta Construction Company, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided February 18, 1982.

Attorney(s) appearing for the Case

William F. McNulty, Anthony J. McNulty and Frank J. Warner, Jr., for defendant-appellant and third-party plaintiff-appellant.

Martin Brickman for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER and MEYER concur; Judge JONES taking no part.

FUCHSBERG, J.

This appeal calls upon us to say whether contributory negligence, as to pre-September, 1975 accidents, or comparative negligence, as to ones occurring since then,1 is a defense to an action premised on the violation of rules promulgated by the State Board of Standards and Appeals pursuant to subdivision 6 of section 241 of the Labor Law.2

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