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SCHIULAZ v. ARNELL CONSTRUCTION CORP.

261 A.D.2d 247 (1999)

690 N.Y.S.2d 226

ANTHONY SCHIULAZ et al., Respondents, v. ARNELL CONSTRUCTION CORP. et al., Appellants, and KILROY METAL PRODUCTS, INC., Appellant-Respondent and Third-Party Plaintiff-Appellant-Respondent. LIBERTY CAULKING CO., INC., Third-Party Defendant-Respondent-Appellant, et al., Third-Party Defendant.

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

Decided May 18, 1999.

The alleged violations of OSHA standards cited by plaintiffs do not provide a basis for liability under Labor Law § 241 (6) (see, Greenwood v Shearson, Lehman & Hutton, 238 A.D.2d 311, 313; Williams v White Haven Mem. Park, 227 A.D.2d 923, 924). Plaintiffs' attempt in their reply papers to raise for the first time violations of Industrial Code (12 NYCRR) § 23-5.1 (f) and &...

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