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SMITH v. McCLIER CORPORATION

22 A.D.3d 369 (2005)

802 N.Y.S.2d 441

ANDREW SMITH, Appellant-Respondent, v. McCLIER CORPORATION et al., Respondents-Appellants, and RUTTURA & SONS, Respondent. McCLIER CORPORATION et al., Third-Party Plaintiffs, v. UNITED STATES REBAR, INC., Also Known as US REBAR, Third-Party Defendant-Respondent, et al., Third-Party Defendant. (And a Second Third-Party Action.)

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

October 20, 2005.

According to the complaint, plaintiff was injured when, while moving between areas of the construction worksite in search of a tool needed for the rebar work he had been assigned, he tripped on a tool bucket and fell off an unrailed stairway landing.

Contrary to defendants' arguments, the Industrial Code provision whose violation plaintiff cites as the predicate for his Labor Law § 241 (6) claim, 12 NYCRR 23-1.7 (e), is applicable to the facts at bar and is sufficiently...

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