RIZZO v. HRH CONSTRUCTION CORPORATION


301 A.D.2d 426 (2003)

752 N.Y.S.2d 875

FRANK RIZZO, Respondent, v. HRH CONSTRUCTION CORPORATION et al., Appellants.

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

Decided January 16, 2003.


Plaintiff alleges that as he began to roll a wheelbarrow filled with debris up a ramp leading out of a basement, he tripped over a metal drainpipe protruding approximately three inches out of the poured concrete slab floor of the basement, sustaining injuries. Summary judgment dismissing plaintiff's section 241 (6) claim based on a violation of 12 NYCRR 23-1.7 (e) (2) was properly denied, the record being too sparse to permit findings that the drainpipe was a "sharp projection...

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