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ZACHER v. NIAGARA FRONTIER SERVS., INC.

210 A.D.2d 897 (1994)

621 N.Y.S.2d 1015

Theodore W. Zacher et al., Respondents, v. Niagara Frontier Services, Inc., et al., Defendants, and Charlestowne Floors, Inc., Appellant Tops Markets, Inc., et al., Third-Party Plaintiffs, v. Butera Carpet & Tile, Inc., Third-Party Defendant-Appellant

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

December 23, 1994

Order unanimously affirmed without costs.

Memorandum:

We reject the contention of defendant Charlestowne Floors, Inc., and third-party defendant, Butera Carpet & Tile, Inc. (defendants) that Supreme Court erred in denying their motion for partial summary judgment dismissing plaintiffs' Labor Law § 241 (6) cause of action. The requirement that "a plaintiff must allege violation of a specific safety regulation promulgated by the Commissioner of the...

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