FISHER v. BROWN GROUP, INC.


256 A.D.2d 1069 (1998)

683 N.Y.S.2d 773

JAMES FISHER, Appellant, v. BROWN GROUP, INC., Respondent and Third-Party Plaintiff. ASBESTOS REMOVAL SERVICES, INC., Third-Party Defendant-Respondent.

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

Decided December 31, 1998.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of plaintiff for partial summary judgment on defendant's liability under Labor Law § 241 (6). Contrary to plaintiff's contention, the violation of a specific provision of the Industrial Code, even if admitted by defendant, "does not establish negligence as a matter of law but is `merely some evidence to be considered on the question of a defendant's negligence...

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