Julio A. Cueva V. 373 Wythe Realty, Inc.

2013 N.Y. App. Div. LEXIS 7852 (November 27, 2013)

The plaintiff was injured while dragging a piece of cut asbestos across the roof to a stacking area. As he was walking across the roof, it collapsed, and he fell to the ground level. The court refused to dismiss the plaintiff’s §241(6) cause of action finding that the industrial code that required that a worker be provided with a “sound floor” was violated 12 N.Y.C.R.R. §23-3.3(1).

Practice Note: The courts also discussed instances in which a motion for summary judgment is premature under CPLR 3212(f).

Topics: Industrial Code Regulations; Application of Labor Law