COLLINS v. SWITZER CONSTRUCTION GROUP, INC.

1927, 115054/05, 590790/07

69 A.D.3d 407 (2010)

892 N.Y.S.2d 94

2010 NY Slip Op 8

GENE COLLINS et al., Respondents, v. SWITZER CONSTRUCTION GROUP, INC., et al., Appellants, and TIME, INC., et al., Respondents. (And a Third-Party Action.)

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

Decided January 5, 2010.


Plaintiff, an electrician, was injured when, in the course of installing conduit sleeves, he stepped off a ladder and slipped on debris scattered around the ladder. Industrial Code (12 NYCRR) § 23-1.7 (e) (2) requires that areas of floors where persons work "be kept free from accumulations of ... debris ... insofar as may be consistent with the work being performed." Pointing to plaintiff's statement in accident reports that...

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