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SCHLEY v. DANCO CONSTR., INC.

254 A.D.2d 775 (1998)

678 N.Y.S.2d 202

Jerome F. Schley et al., Respondents, v. Danco Construction, Inc., Defendant, Ben-Mil Associates, Inc., et al., Appellants, and Armond Cerrone, Inc., Respondent

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

October 2, 1998

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied that part of the cross motion of Ben-Mil Associates, Inc., and Benderson Development Co., Inc. (defendants), seeking summary judgment dismissing the Labor Law § 241 (6) claim premised upon an alleged violation of 12 NYCRR 23-1.7 (e) (2). That regulation provides in pertinent part that "areas where persons work or pass shall be kept free from accumulations of dirt and debris...

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