O'SULLIVAN v. IDI CONSTRUCTION COMPANY, INC.


28 A.D.3d 225 (2006)

813 N.Y.S.2d 373

SEAN O'SULLIVAN, Appellant, v. IDI CONSTRUCTION COMPANY, INC., Respondent, et al., Defendant. IDI CONSTRUCTION COMPANY, INC., Third-Party Plaintiff, v. TEMAN ELECTRICAL CONSTRUCTION, INC., et al., Third-Party Defendants-Respondents.

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

April 6, 2006.


Plaintiff, while working as the employee of a subcontractor at a construction site, tripped over an electrical pipe protruding two or three feet from a newly laid floor. For the reasons explained below, the motion court correctly granted the motion for summary judgment dismissing plaintiff's causes of action against IDI, the general contractor, for alleged violation of Labor Law §§ 200 and 241 (6), and for common-law negligence. We observe that IDI is the only direct...

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