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KINIRONS v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA

34 A.D.3d 237 (2006)

828 N.Y.S.2d 293

THOMAS C. KINIRONS, Appellant, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, Also Known as TIAA, et al., Respondents.

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

Decided November 2, 2006.

The motion court properly dismissed the Labor Law § 241 (6) claim. Plaintiff testified that the tools over which he tripped belonged to an electrician who was mounting conduit on a machine room wall. The tools, which, according to plaintiff's description, had been placed just to the right of the electrician, were positioned for and "consistent with" the work being performed and were not "scattered" within the meaning of Industrial Code (12 NYCRR) § 23-1.7 (e) (2...

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