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NOSTROM v. A.W. CHESTERTON COMPANY

59 A.D.3d 159 (2009)

872 N.Y.S.2d 122

JUDITH NOSTROM, Individually and as Personal Representative of the Estate of DONALD NOSTROM, Deceased, Appellant, v. A.W. CHESTERTON COMPANY et al., Defendants, and CENTRAL HUDSON GAS & ELECTRIC CORPORATION et al., Respondents.

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

Decided February 3, 2009.

We hold that owner/contractor vicarious liability under Labor Law § 241 (6) cannot be based on the Industrial Code (12 NYCRR) part 12 regulations invoked by plaintiff. The provisions of 12 NYCRR part 23 ("Protection in Construction, Demolition and Excavation Operations") were promulgated by the commissioner pursuant to the authority conferred by Labor Law § 241 (6), regulate construction, demolition and excavation work...

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