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CRUZ v. METROPOLITAN TR. AUTH.

Index No. 157923/13. Appeal No. 13696. Case No. 2020-03487.

193 A.D.3d 639 (2021)

148 N.Y.S.3d 78

2021 NY Slip Op 02596

Angel Cruz, Appellant, v. Metropolitan Transit Authority et al., Respondents, et al., Defendant.

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

Decided April 29, 2021.

Attorney(s) appearing for the Case

Joseph T. Mullen, Jr. & Associates, New York ( Neil A. Zirlin of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for respondents.

Concur—Webber, J.P., Singh, González, Shulman, JJ.

The Labor Law § 241(6) cause of action was properly dismissed. The berm consisting of loose dirt and debris on which plaintiff and his coworker were standing, and which was supporting the water main that they were attaching to beams overhead before excavation could continue, "did not constitute a `slippery condition' as contemplated by 12 NYCRR 23-1.7(d)" (Miranda v City of New York, 281 A.D.2d 403...

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