In Cunha (2007 NY Slip Op 52404, *6), it was held that "[a]lthough the part of [ 12 NYCRR] 23-1.7 (b) (1) (i) which requires the [hazardous opening] to have a 'substantial cover fastened in place' obviously cannot apply [when] the... cover had to be removed so the... workers could get in and out of it, the part of the provision which requires a safety railing may apply."
Summary of this case from Iburg v. WFP Tower a Co. L.P.December 7, 2007.
Labor Safe Place to Work.
In Cunha (2007 NY Slip Op 52404, *6), it was held that "[a]lthough the part of [ 12 NYCRR] 23-1.7 (b) (1) (i) which requires the [hazardous opening] to have a 'substantial cover fastened in place' obviously cannot apply [when] the... cover had to be removed so the... workers could get in and out of it, the part of the provision which requires a safety railing may apply."
Summary of this case from Iburg v. WFP Tower a Co. L.P.Full title:Cunha v. City of New York
Court:Supreme Court of the State of New York. New York County
Date published: Dec 7, 2007
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