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McQUAIG v. OPYMPIA & YORK 125 BROAD ST. CO.

247 A.D.2d 273 (1998)

668 N.Y.S.2d 614

Paul McQuaig, Respondent, v. Opympia & York 125 Broad Street Company et al., Appellants Olympia & York 125 Broad Street Company, Third-Party Plaintiff-Appellant, v. George Kleinknecht, Inc., et al., Third-Party Defendant, and Salomon Brothers, Inc., Third-Party Defendant-Appellant. A-J Contracting Co., Inc., Second Third-Party Plaintiff-Appellant, et al., Second Third-Party Plaintiff Salomon Brothers, Inc., Third Third-Party Plaintiff-Appellant, v. P-One Maintenance Service Co., Inc., et al., Third Third-Party Defendants Olympia & York 125 Broad Street Company, Fourth Third-Party Plaintiff, v. Triangle Maintenance Service, Fourth Third-Party Defendant-Appellant

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

February 17, 1998

We assume in defendant's favor that plaintiff's assertion of 12 NYCRR 23-1.7 (d) as a basis for liability under Labor Law § 241 (6) required court leave (but compare, CPLR 3042 [b], with CPLR 3025 [a], [b]), and affirm what was, in effect, the granting of such leave. Defendants' challenge to the merits of the claim — that 12 NYCRR 23-1.7 (d) does not apply where the foreign substance responsible for a slippery...

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