McMAHON v. DURST


224 A.D.2d 324 (1996)

638 N.Y.S.2d 48

Maureen McMahon, Also Known as Maureen Mishalski, et al., Plaintiffs-Appellants, v. Royal H. Durst et al., Respondents Structure Tone, Inc., Third-Party Plaintiff-Respondent, v. Sweeney & Harkin Carpentry and Drywall Corporation et al., Third-Party Defendants-Respondents. (And a Second Third-Party Action.)

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

February 22, 1996


The IAS Court properly concluded that an allegation of a violation of 12 NYCRR 23-1.33 cannot support a claim under Labor Law § 241 (6), since that regulation does not mandate compliance with specifications (Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 505). The regulation provides that "[r]easonable and adequate protection and safety" be provided at construction sites and that the "means, methods, procedures, devices...

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