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QUINLAN v. CITY OF NEW YORK

293 A.D.2d 262 (2002)

739 N.Y.S.2d 706

ANDREW QUINLAN, Appellant, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY HOUSING AUTHORITY, Respondent. (And a Third-Party Action.) KREISLER BORG FLORMAN GENERAL CONSTRUCTION CO., INC./HANNIBAL CONSTRUCTION AND DEVELOPMENT COMPANY, INC., Second Third-Party Plaintiff-Respondent, v. WDF, INC., et al., Second Third-Party Defendants-Respondents.

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

Decided April 2, 2002.

The Industrial Code violations alleged in plaintiff's proposed amended bill of particulars do not support a cause of action under Labor Law § 241 (6). Plaintiff alleges that he was injured when a piece of metal inside a wall separating two rooms dislodged and fell on his hand as he prepared to patch a large hole that had been cut in the wall in order to bring a bathtub into the bathroom of an apartment being renovated. Since...

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