Opinion
May 31, 1996
Appeal from the Supreme Court, Erie County, Michalek, J.
Present — Green, J.P., Pine, Lawton, Balio and Boehm, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:
Supreme Court erred in granting defendant's motion for summary judgment dismissing the Labor Law § 241 (6) cause of action. That cause of action is based upon a violation of 12 NYCRR 23-2.2 (a), which sets forth methods by which forms, shores and reshores used in concrete work must be made structurally safe, i.e., by requiring them to "be properly braced or tied together so as to maintain position and shape" ( 12 NYCRR 23-2.2 [a]). That regulation sets forth a specific standard of conduct as opposed to a general common-law standard of care ( see, Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 504-505; White v. Farash Corp., 224 A.D.2d 978; Durfee v. Eastman Kodak Co., 212 A.D.2d 971, lv dismissed 85 N.Y.2d 968; Adams v. Glass Fab, 212 A.D.2d 972; Zacher v. Niagara Frontier Servs., 210 A.D.2d 897).
We therefore modify the order by denying that part of defendant's motion for summary judgment dismissing the Labor Law § 241 (6) cause of action and by reinstating that cause of action and otherwise affirm ( see, Long v. Forest-Fehlhaber, 55 N.Y.2d 154, 160, rearg denied 56 N.Y.2d 805).