Opinion
Argued September 15, 1992
Decided October 29, 1992
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Gerard Weisberg, J. Sullivan Liapakis, P.C., New York City (Cheryl Eisberg Moin and Pamela Anagnos Liapakis of counsel), for appellant.
White, Fleischner, Fino Wade, New York City (Benjamin A. Fleischner and Lynn J. Hershkovits of counsel), for New York State Thruway Authority, respondent.
Robert Abrams, Attorney-General, Albany (Jerry Boone of counsel), for State of New York, respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
The Appellate Division erred in concluding that Labor Law § 241 (6) applies only to work in connection with the construction or demolition of buildings and not to the highway construction project involved here (see, Mosher v State of New York, 80 N.Y.2d 286 [decided today]). Nevertheless, the claimant's cause of action under that section was properly dismissed. The record supports the Court of Claims conclusion that claimant failed to establish that a violation of a safety regulation promulgated pursuant to Labor Law § 241 (6) was the proximate cause of the accident.
Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.
Order affirmed, with costs, in a memorandum.