Opinion
Submitted December 1, 1999
February 3, 2000
In an action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Kings County (Rappaport, J.), dated December 31, 1998, as denied that branch of its motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 241 Lab.(6).
Stephen Albright, New York, N.Y., for appellant.
Norman S. Goldsmith, Brooklyn, N.Y., for respondent.
LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied that branch of the defendant's motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 241 Lab.(6) (see, Olan v. Farrell Lines, 64 N.Y.2d 1092 ;Russin v. Picciano Son, 54 N.Y.2d 311 ).
BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.