KUTZA v. BOVIS LEND LEASE LMB, INC.

15695, 116427/04.

131 A.D.3d 838 (2015)

16 N.Y.S.3d 58

2015 NY Slip Op 06753

MARIANNE KUTZA, as Administratrix for the Estate of THOMAS PYLE, Deceased, Appellant, v. BOVIS LEND LEASE LMB, INC., et al., Respondents.

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

Decided September 8, 2015.


Plaintiff's decedent, Thomas Pyle, sustained an injury to his left hand when he tripped and fell over construction debris at a building site where he was employed as a tile finisher. The jury found that defendant Bovis Lend Lease LMB, Inc. violated Labor Law § 241 (6) by failing to comply with Industrial Code (12 NYCRR) § 23-1.7 (e) (2), but attributed 50% of the fault for Pyle's injuries to negligence on his part.

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