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SNOWDEN v. NEW YORK CITY TRANSIT AUTH.

248 A.D.2d 235 (1998)

670 N.Y.S.2d 32

Donald Snowden, Jr., Appellant, v. New York City Transit Authority, Respondent and Third-Party Plaintiff. F. Garofolo Electric Company, Inc., Third-Party Defendant-Respondent

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

March 17, 1998

Plaintiff has a viable claim under Labor Law § 241 (6) based on a violation of 12 NYCRR 23-1.13 (b) (4) (see, McEllistrem v CAB Assocs., 1996 US Dist LEXIS 20226, *21-22 [ED NY, Sept. 10, 1996, Sifton, Ch. J.]), which requires that workers who may come into contact with an electric power circuit be protected against electric shock "by de-energizing the circuit and grounding it or by guarding such circuit by effective...

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