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CRYSTAL v. JAPAN AIRLINES MGMT. CORP.

255 A.D.2d 161 (1998)

679 N.Y.S.2d 583

Todd Crystal et al., Respondents, v. Japan Airlines Management Corp. et al., Appellants

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

November 12, 1998

Although it is unclear how or when the piece of metal that caused plaintiff's fall appeared on the stairwell in his work area, the motion court properly concluded that summary dismissal of the Labor Law § 241 (6) cause of action, to the extent that it alleged violations of 12 NYCRR 23-1.7 (e) and 23-2.1 (b), was not warranted. As the Court of Appeals has recently stated in Rizzuto v Wenger Contr. Co. (

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