RUBINO v. 330 MADISON COMPANY, LLC

4111. 110134/11. 590378/12. 590447/13.

150 A.D.3d 603 (2017)

2017 NY Slip Op 04210

56 N.Y.S.3d 55

WILLIAM RUBINO et al., Respondents, v. 330 MADISON COMPANY, LLC, et al., Appellants, and W5 GROUP LLC, Doing Business as WALDORF DEMOLITION, et al., Respondents. 330 MADISON COMPANY, LLC, et al., Third-Party Plaintiffs-Appellants, v. WALDORF DEMOLITION et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant. (And Other Third-Party Actions.)

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

Decided May 25, 2017.


The court properly granted plaintiffs' motion for partial summary judgment on the Labor Law § 241 (6) claim as against appellants. It is undisputed that violations of Industrial Code (12 NYCRR) § 23-1.13 (b) (3) and (4) proximately caused the injuries sustained by plaintiff when a metal part of his safety harness contacted a live electrical wire, known as a BX cable, which...

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