Opinion
November 30, 1998
Appeal from the Supreme Court, Kings County (Barasch, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendants' motion is granted in its entirety, and the complaint is dismissed.
The plaintiff's cause of action pursuant to Labor Law § 241 Lab. (6) should have been dismissed because the plaintiffs failed to plead any violation of a specific, concrete safety provision of the Industrial Code ( see, Comes v. New York State Elec. Gas Corp., 82 N.Y.2d 876; Greenwood v. Shearson, Lehman Hutton, 238 A.D.2d 311; Lillis v. City of New York, 226 A.D.2d 592). Moreover, those provisions of the Industrial Code cited by the plaintiffs in opposition to the defendants' motion for summary judgment are inapplicable to the facts of this case.
Liability under Labor Law § 200 Lab. and common-law negligence will not attach when the dangerous condition complained of was open and obvious ( see, Gasper v. Ford Motor Co., 13 N.Y.2d 104; Bellofatto v. Frengs, 246 A.D.2d 566; Wilhouski v. Canon U.S.A., 212 A.D.2d 525). Here, the injured plaintiff hit his head on an overhead pipe, which was part of the scaffolding at his worksite. Accordingly, the Supreme Court improperly denied those branches of the defendants' motion which were for summary judgment dismissing the plaintiffs' claims under Labor Law § 200 Lab. and common-law negligence.
Rosenblatt, J. P., Miller, Altman and Friedmaun, JJ., concur.