PINA v. ARTHUR CLINTON HOUS. DEV. FUND CORP.

Index No. 20623/16. Appeal No. 12470. Case No. 2020-02444.

188 A.D.3d 614 (2020)

132 N.Y.S.3d 753

2020 NY Slip Op 06968

Mario Ortiz Pina, Appellant, v. Arthur Clinton Housing Development Fund Corp., Respondent.

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

Decided November 24, 2020.


The motion court properly denied plaintiff's motion for summary judgment on his Labor Law § 241(6) claim, which was predicated on an alleged violation of Industrial Code (12 NYCRR) § 23-1.7(d). Although plaintiff testified that his injuries resulted from a slippery condition at the work site, plaintiff's own conflicting accounts of what caused the accident and resulting injury were sufficient to raise a triable issue of fact as to how the accident occurred and whether...

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