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GARCIA v. 95 WALL ASSOC., LLC

12098, 112022/08, 590803/09

116 A.D.3d 413 (2014)

983 N.Y.S.2d 237

2014 NY Slip Op 2230

JOEL GARCIA, Respondent-Appellant, v. 95 WALL ASSOCIATES, LLC, et al., Appellants-Respondents. (And a Third-Party Action.)

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

Decided April 1, 2014.

Although the first sentence of Industrial Code (12 NYCRR) § 23-1.28 (a), requiring hand-propelled vehicles to be maintained in good repair, is a general directive that cannot serve as a predicate for liability under Labor Law § 241 (6) (see Wegner v State St. Bank & Trust Co. of Conn. Natl. Assn., 298 A.D.2d 211, 212 [1st Dept 2002]), the second sentence of 12 NYCRR 23-1.28 (a), providing "[h]and-propelled vehicles...

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