The Labor Law § 241(6) claim premised on Industrial Code (12 NYCRR) § 23-1.7(e)(2) was correctly dismissed since the loop of electrical wire on which plaintiff tripped was an integral and permanent part of the construction (see e.g. O'Sullivan v IDI Constr. Co., Inc.,
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HAMMER v. ACC CONSTR. CORP.
193 A.D.3d 455 (2021)
146 N.Y.S.3d 608
2021 NY Slip Op 02104
Daniel Hammer, Appellant-Respondent, v. ACC Construction Corporation et al., Respondents-Appellants, and Premier Electric, Inc., Respondent, et al., Defendant. ACC Construction Corporation et al., Third-Party Plaintiffs-Respondents-Appellants, v. Godsell Construction Corp., Third-Party Defendant-Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 6, 2021.
Decided April 6, 2021.
Attorney(s) appearing for the Case
Lewis Brisbois Bisgaard & Smith LLP, New York ( Nicholas P. Hurzeler of counsel), for respondents-appellants.
Baxter Smith & Shapiro, P.C., White Plains ( Sim R. Shapiro of counsel), for Premier Electric, Inc., respondent.
Nicoletti Spinner Ryan Gulino Pinter LLP, New York ( Laura M. Mattera of counsel), for Godsell Construction Corp., respondent.
Concur—Gische, J.P., Kapnick, Oing, Moulton, JJ.
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