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GARCIA v. RENAISSANCE GARDENS ASSOCS.

242 A.D.2d 463 (1997)

662 N.Y.S.2d 260

Guillermo Garcia, Appellant, v. Renaissance Gardens Associates et al., Respondents and Third-Party Plaintiffs-Respondents. United Construction Corporation, Third-Party Defendant-Respondent

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

September 18, 1997

Although a violation of 12 NYCRR 23-1.7 (e) may provide the basis for a claim under Labor Law § 241 (6) (see, e.g., Colucci v Equitable Life Assur. Socy., 218 A.D.2d 513), the trial court correctly held that that provision of the Industrial Code has no application to the facts of this case, which involve a hazard that arose from an integral part of the work plaintiff was performing...

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