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LAPINSKY v. EXTELL DEV. CO.

158643/15. Appeal No. 15260. Case No. 2021-00068.

202 A.D.3d 478 (2022)

163 N.Y.S.3d 500

2022 NY Slip Op 00815

Ronald Lapinsky, Appellant-Respondent, v. Extell Development Company et al., Respondents. Extell Development Company et al., Third-Party Plaintiffs-Respondents, v. W5 Group LLC, Doing Business as Waldorf Demolition, Third-Party Defendant-Respondent-Appellant.

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

Decided February 8, 2022.

Attorney(s) appearing for the Case

Hogan & Cassell, LLP, Jericho ( Michael Cassell of counsel), for appellant-respondent.

Russo & Gould, LLP, New York ( Alan S. Russo of counsel), for respondent-appellant.

Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success ( Gerard S. Rath of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Oing, González, Shulman, Higgitt, JJ.

Labor Law § 241(6) imposes on owners, general contractors, and their agents a nondelegable duty to provide "reasonable and adequate protection" to workers engaged in construction, demolition, and excavation activities by complying with Industrial Code regulations that specify concrete safety directives, regardless whether they exercised supervision or control over the work (St. Louis v Town of N. Elba,

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