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SAVLAS v. CITY OF NEW YORK

7929. 309332/12.

167 A.D.3d 546 (2018)

91 N.Y.S.3d 33

2018 NY Slip Op 09021

Panagiotis Savlas, Respondent-Appellant, v. City of New York et al., Appellants-Respondents, and CSM Engineering, P.C., Respondent/Third-Party Defendant-Respondent. Malcolm Pirnie, Inc., et al., Third-Party Plaintiffs-Appellants, v. Schiavone Construction Co. et al., Third-Party Defendants.

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

Decided December 27, 2018.

While working for a contractor at a construction project owned by the City, plaintiff tripped and fell over one of several steel plates covering openings into a lower level of a project building. The motion court correctly dismissed the Labor Law § 241 (6) claim premised on a violation of Industrial Code (22 NYCRR) § 23-1.7 (e) (2), because the plates were not scattered materials or debris, but an integral part of the construction (see O'Sullivan v IDI Constr...

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