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JONES v. NEW YORK & PRESBYT. HOSP.

Index No. 20823/18E. Appeal No. 12657. Case No. 2019-04135.

189 A.D.3d 542 (2020)

133 N.Y.S.3d 816

2020 NY Slip Op 07499

Dana Jones, Appellant, v. The New York and Presbyterian Hospital, Respondent.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Law Offices of Jeffrey K. Levine, New York ( Jeffrey K. Levine of counsel), for appellant.

Cullen & Dykman, LLP, New York ( Adam C. Del Vecchio of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Singh, Kennedy, JJ.

The court correctly found that questions of fact exist such that summary resolution of plaintiff's Labor Law § 241(6) claim in his favor is unwarranted. There are issues as to whether the location of plaintiff's accident is the type contemplated by Industrial Code (12 NYCRR) § 23-1.7(e)(1) and whether the object alleged to have caused the accident was an integral part of the work (see Krzyzanowski v City of New York...

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