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BEST v. TISHMAN CONSTR. CORP. OF N.Y.

11492, 16191/07, 86121/07

120 A.D.3d 1081 (2014)

993 N.Y.S.2d 16

2014 NY Slip Op 06240

LISA BEST, Respondent, v. TISHMAN CONSTRUCTION CORPORATION OF NEW YORK et al., Respondents-Appellants. TISHMAN CONSTRUCTION CORPORATION OF NEW YORK et al., Third-Party Plaintiffs-Respondents-Appellants, v. SOLAR ELECTRIC SYSTEMS, INC., Third-Party Defendant-Appellant-Respondent, et al., Third-Party Defendant.

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

Decided September 18, 2014.

Supreme Court properly denied the motions for summary judgment dismissing plaintiff's cause of action under Labor Law § 241 (6). Defendants failed to demonstrate, with respect to the Labor Law § 241 (6) claim, that 12 NYCRR 23-1.7 (e) (1) is inapplicable to this case, given plaintiff's testimony that the she tripped over the electrical cord in the passageway (see Thomas v Goldman Sachs Headquarters, LLC, 109 A.D.3d 421...

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