SAGINOR v. FRIARS 50TH ST. GARAGE, INC.

7693. 152479/13. 595050/14. 595114/14.

166 A.D.3d 529 (2018)

86 N.Y.S.3d 725

2018 NY Slip Op 08067

Michael Saginor, Appellant, v. Friars 50th Street Garage, Inc., et al., Respondents. (And Other Actions.)

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

Decided November 27, 2018.


Plaintiff worker's trip and fall, allegedly caused by a violation of Industrial Code § 23-1.7 (e) (1) and (2), did not support his Labor Law § 241 (6) claim, inasmuch as the allegedly hazardous condition was integral to the work plaintiff was to perform at the time he was injured (see e.g. O'Sullivan v IDI Constr. Co., Inc., 28 A.D.3d 225 [1st Dept 2006], affd 7 N.Y.3d 805 [2006...

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