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LEWIS v. LOWER EAST SIDE TENEMENT MUSEUM

40 A.D.3d 438 (2007)

836 N.Y.S.2d 582

ANTHONY LEWIS, Appellant-Respondent, v. LOWER EAST SIDE TENEMENT MUSEUM, Respondent-Appellant, and NOAH & DAVID CONSTRUCTION CORP., Respondent, et al., Defendants.

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

Decided May 22, 2007.

The evidence, including plaintiff's deposition testimony, establishes that there was no debris on the floor in the area where plaintiff fell. Accordingly, plaintiff's Labor Law § 241 (6) claim, which invokes 12 NYCRR 23-1.7 (d) and (e) and is based not on the existence of the brick wall but only a slippery substance or tripping hazard caused by debris, is unavailing (see Carty v Port Auth. of N.Y. & N.J.,

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