Summary
In DiPalma v Metropolitan Transp. Auth. (20 Misc 3d 1128, 872 NYS2d 690 [NY Sup 2008]) it was noted that "[a]t one time the First Department held that violations of the Industrial Code, raised for the first time in opposition to a motion for summary judgment is acceptable, provided that the allegations in plaintiff's pleadings evince a violation of the sections asserted."
Summary of this case from SHULERV BOVIS LEND LEASE LMB, INC.Opinion
July 25, 2008.
Labor — Safe Place to Work. Labor Law — § 241 (6) (Construction, excavation and demolition work).