Nos. 3213, 3213A. July 1, 2010. Order, Supreme Court, New York County (Harold B. Beeler, J.), entered on or about September 22, 2009, which, after a framed-issue hearing, held that the subject piece of equipment that injured plaintiff Charles McCoy was a mobile crane within the meaning of Industrial Code (12 NYCRR) § 23-8.2, unanimously affirmed, without costs. Appeal from order, same court (Michael D. Stallman, J.), entered January 22, 2010, which denied defendants' motion, pursuant to CPLR 2221
January 27, 2009. Knipel, J. Labor — Safe Place to Work.
116287/07. June 25, 2010. [EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] JOAN MADDEN, J. In this action to recover damages for the injuries allegedly sustained by plaintiff as the result of a workplace accident, defendant 125 West 31st Street Associates ("West 31st Street Associates") moves for summary judgment dismissing the complaint against it. Plaintiff opposes the motion. BACKGROUND Plaintiff sues to recover for damages under Labor Law §§ 240(1), 241(6), and 200
October 21, 1997 Appeal from the Supreme Court, New York County (Norman Ryp, J.). In order to prevail on a claim that an owner or contractor breached the nondelegable duty imposed by Labor Law § 241 (6), plaintiff must prove that a specific provision of the Industrial Code was violated ( Comes v. New York State Elec. Gas Corp., 82 N.Y.2d 876, 878; Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501-502). The sections of the Industrial Code alleged by plaintiff to have been violated are inapplicable
(a) General requirements. Forms, shores and reshores shall be structurally safe and shall be properly braced or tied together so as to maintain position and shape. (b) Inspection. Designated persons shall continuously inspect the stability of all forms, shores and reshores including all braces and other supports during the placing of concrete. Any unsafe condition shall be remedied immediately. (c) Beams, floors and roofs. (1) Necessary horizontal and diagonal bracing shall be provided in both longitudinal