FERNANDEZ v. STOCKBRIDGE HOMES, LLC

8296, 8296A, 402886/08.

99 A.D.3d 550 (2012)

952 N.Y.S.2d 522

2012 NY Slip Op 6874

JULY FERNANDEZ, Respondent-Appellant, v. STOCKBRIDGE HOMES, LLC, Respondent-Appellant, and STRATIS BUILDERS, LLC, Appellant-Respondent, et al., Defendant. STRATIS BUILDERS, LLC, Third-Party Plaintiff-Appellant-Respondent, v. SANITA CONSTRUCTION COMPANY, INC., Third-Party Defendant-Respondent-Appellant. STOCKBRIDGE HOMES, LLC, Second Third-Party Plaintiff-Appellant-Respondent, v. SANITA CONSTRUCTION COMPANY, INC., Second Third-Party Defendant-Respondent-Appellant.

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

October 16, 2012.


The motion court correctly granted defendants summary judgment dismissing plaintiff's Labor Law § 241 (6) claim, in support of which plaintiff alleged a violation of the Industrial Code (12 NYCRR) § 23-1.16, which sets protocols and standards for certain safety devices. An alleged violation of this section cannot be maintained as a predicate for section 241 (6) liability where there is no evidence that a plaintiff has been provided with any of the safety devices...

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