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YELLEN v. ROCKAWAY REALTY ASSOCS.

243 A.D.2d 338 (1997)

664 N.Y.S.2d 535

J.J. Yellen, Appellant, v. Rockaway Realty Associates, L.P., Respondent, et al., Defendant. (And a Third-Party and Second Third-Party Action.) Rockaway Realty Associates, L.P., Third Third-Party Plaintiff, v. Major Builders Corp., Third Third-Party Defendant-Respondent

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

October 21, 1997

In order to prevail on a claim that an owner or contractor breached the nondelegable duty imposed by Labor Law § 241 (6), plaintiff must prove that a specific provision of the Industrial Code was violated (Comes v New York State Elec. & Gas Corp., 82 N.Y.2d 876, 878; Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501-502). The sections...

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