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SCOLLIN v. THEATER FOR THE NEW CITY FOUND., INC.

229 A.D.2d 355 (1996)

646 N.Y.S.2d 323

Thomas B. Scollin et al., Appellants-Respondents, v. Theater for the New City Foundation, Inc., Respondent-Appellant, and JGN Construction Corp., Respondent

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

July 25, 1996

The motion court properly concluded that plaintiff firefighter's claim under General Municipal Law § 205-a was viable, inasmuch as the Industrial Code provision allegedly violated (12 NYCRR 23-1.7 [b] [1] [i]), requiring a "substantial cover fastened in place" over every hazardous opening into which a person may step or fall, was a sufficient predicate for liability under that section.

Contrary to defendants' contention...

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