The record presents an issue of fact as to whether the bottle cap that caused the injured plaintiff's slip-and-fall accident on the construction site was part of an accumulation of debris within the meaning of Industrial Code (12 NYCRR) § 23-1.7(e), on which the Labor Law § 241(6) claim is predicated (see generally Colucci v Equitable Life Assur. Socy. of U.S.,
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DELEO v. JPMORGAN CHASE & CO.
156196/16. Appeal No. 14619. Case No. 2020-04412.
199 A.D.3d 482 (2021)
154 N.Y.S.3d 417
2021 NY Slip Op 06320
John Deleo et al., Appellants, v. JPMorgan Chase & Co. et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 16, 2021.
Decided November 16, 2021.
Attorney(s) appearing for the Case
Arye, Lustig & Sassower, P.C., New York ( Mitchell J. Sassower of counsel), for appellants.
Milber Makris Plousadis & Seiden, LLP, Woodbury ( Lorin A. Donnelly of counsel), for respondents.
Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Moulton, Scarpulla, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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