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DAVIS v. TRUSTEES OF COLUMBIA UNIV. IN THE CITY OF N.Y.

153678/14. Appeal No. 14608. Case No. 2021-00963.

199 A.D.3d 481 (2021)

154 N.Y.S.3d 425

2021 NY Slip Op 06319

Michael Davis, Appellant, v. The Trustees of Columbia University in the City of New York et al., Respondents, et al., Defendants. (And Third-Party Actions.)

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

Decided November 16, 2021.

Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York ( Scott N. Singer of counsel), for appellant.

Cascone & Kluepfel, LLP, Garden City ( Howard B. Altman of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Moulton, Scarpulla, JJ.

The court properly denied both parties' motions for summary judgment on plaintiff's Labor Law § 241(6) claim. Concerning the alleged violation of Industrial Code § 23-1.7(e)(2), issues of fact exist as to whether the wood plaintiff stepped on was integral to the work being performed or constituted an accumulation of debris from previous work (see Rossi v 140 W. JV Mgr. LLC, 171 A.D.3d 668, 668 [1st Dept 2019]; Serrano v Consolidated Edison Co. of N.Y....

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