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Tucker v. Edgewater Construction Co.

281 A.D.2d 865 Court Fourth Department, Decision date 2001-03-21 Docket Appeal No. 1 English

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p. 865
Fourth Department,
March, 2001
(March 21, 2001)
Stephen K. Tucker et al., Appellants, v Edgewater Construction Co., Inc., et al., Respondents.
(Appeal No. 1.)
[722 NYS2d 189]

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We modify the order by denying those parts of defendants’ cross motions seeking summary judgment dismissing the Labor Law § 241 (6) claim and by reinstating that claim. The Labor Law § 241 (6) claim is premised (see gen

p. 866
erally, Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494 , 501-505) on defendants’ alleged violation of 12 NYCRR 23-1.7 (d), which provides for protection from slipping hazards, and 12 NYCRR 23-1.24 (a) (1) (i), which requires roofing brackets to be used in certain situations during the performance of work on a roof having a slope steeper than one in four. Both regulations are sufficiently specific to support a Labor Law § 241 (6) claim {see, Lessard v Niagara Mohawk Power Corp., 277 AD2d 941 ; Stasierowski v Conbow Corp., 258 AD2d 914 , 915; Rudolph v Hofstra Univ., 225 AD2d 680 , 681; see generally, Ross v Curtis-Palmer Hydro-Elec. Co., supra, at 502-505). Moreover, both regulations are applicable to the facts of this case and arguably were violated by defendants, thus warranting a trial of the Labor Law § 241 (6) claim. (Appeal from Order of Supreme Court, Erie County, O’Donnell, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Hurlbutt, Kehoe and Lawton, JJ.

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