TORRES v. FOREST CITY RATNER COS., LLC

2010-11518.

89 A.D.3d 928 (2011)

933 N.Y.S.2d 71

2011 NY Slip Op 8348

ANDREW TORRES, Appellant, v. FOREST CITY RATNER COMPANIES, LLC, et al., Respondents.

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

Decided November 15, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 241 (6) is denied.

The plaintiff was a sheet metal worker who was installing duct work for the subject construction project. When the plaintiff's work was done for the day, he returned his tools to his employer's gang box on the floor on...

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