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MAMAN v. MARX REALTY & IMPROVEMENT CO., INC.

6578, 152441/12.

161 A.D.3d 558 (2018)

77 N.Y.S.3d 41

2018 NY Slip Op 03614

Raphael Maman, Respondent, v. Marx Realty & Improvement Co., Inc., et al., Appellants. (And Third-Party Actions.)

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

Decided May 17, 2018.

"[A] fall through an unguarded opening in the floor of a construction site constitutes a violation of Labor Law § 240 (1) only where a safety device adequate to prevent such a fall was not provided. A safety line and harness may be an adequate safety device for a person working over an open area or near an elevated edge" (Guaman v City of New York, 158 A.D.3d 492, 492-493 [1st Dept 2018] [citations omitted]). Here, the record...

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