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ALBICOCCO v. NEW YORK CITY SCH. CONSTR. AUTH.

235 A.D.2d 361 (1997)

652 N.Y.S.2d 979

Mark Albicocco, Appellant, v. New York City School Construction Authority, Respondent, et al., Defendant

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

January 30, 1997

Plaintiff, a payloader operator, claims he sustained injuries when he tried to dislodge metal debris from his payloader while excavating and moving fill. We agree with the motion court that plaintiff's claim under Labor Law § 241 (6) should be dismissed for lack of a showing that defendant violated any safety rule and regulations, specific or not, promulgated by the Department of Labor (see, Ross v Curtis-Palmer...

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