BAZDARIC v. ALMAH PARTNERS LLC

Index No. 159433/15. Appeal No. 14578. Case No. 2020-03296.

203 A.D.3d 643 (2022)

166 N.Y.S.3d 135

2022 NY Slip Op 02189

Srecko Bazdaric et al., Respondents, v. Almah Partners LLC et al., Appellants.

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

Decided March 31, 2022.


Attorney(s) appearing for the Case

Marshall Dennehey Warner Coleman & Goggin, P.C., New York ( Richard Imbrogno of counsel), for appellants.

Elefterakis, Elefterakis & Panek, New York ( Eileen Kaplan of counsel), for respondents.

Concur—Oing, Scarpulla, Shulman, JJ.


Plaintiff tripped and fell on a heavy-duty plastic covering that was placed on the stairs of an escalator to protect it from dripping paint while plaintiff was painting. In support of his claim under Labor Law § 241(6), plaintiff alleged that defendants violated Industrial Code (12 NYCRR) § 23-1.7(d) (the regulation) which states: "Employers shall not suffer or permit any employee to use a floor, passageway, walkway, scaffold, platform or other elevated working...

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