Opinion
7693 Index 152479/13 595050/14 595114/14
11-27-2018
Michael SAGINOR, Plaintiff–Appellant, v. FRIARS 50TH STREET GARAGE, INC., et al., Defendants–Respondents. [And Other Actions]
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac, White Plains, of counsel), for appellant. Marshall Dennehey Warner Coleman & Goggin, New York (Richard Imbrogno of counsel), for respondents.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac, White Plains, of counsel), for appellant.
Marshall Dennehey Warner Coleman & Goggin, New York (Richard Imbrogno of counsel), for respondents.
Friedman, J.P., Mazzarelli, Kern, Oing, Singh, JJ.
Order, Supreme Court, New York County (Gerald Lebovits, J.), entered February 6, 2017, which, insofar as appealed from as limited by the briefs, granted defendants' motion for summary judgment dismissing so much of plaintiff's Labor Law § 241(6) claim as predicated upon Industrial Code §§ 23–1.7(e)(1) and (e)(2), and denied his cross motion for summary judgment on said claim, unanimously affirmed, without costs.
Plaintiff worker's trip and fall, allegedly caused by a violation of Industrial Code §§ 23–1.7(e)(1) and (2), did not support his Labor Law § 241(6) claim, inasmuch as the allegedly hazardous condition was integral to the work plaintiff was to perform at the time he was injured (see e.g. O'Sullivan v. IDI Constr. Co., Inc., 28 A.D.3d 225, 813 N.Y.S.2d 373 [1st Dept. 2006], affd 7 N.Y.3d 805, 822 N.Y.S.2d 745, 855 N.E.2d 1159 [2006] ; Orlino v. 2 Gold, LLC, 63 A.D.3d 541, 880 N.Y.S.2d 479 [1st Dept. 2009] ; cf. Pereira v. New Sch., 148 A.D.3d 410, 48 N.Y.S.3d 391 (1st Dept. 2017).
We have considered plaintiff's remaining arguments and find them unavailing.