Opinion
2021-06950 Index 310180/11E
12-14-2021
John Karandisecky, Plaintiff-Appellant, v. The City of New York, et al., Defendants-Respondents. Appeal No. 14840 Case No. 2019-05397
Law Office of Ephrem J. Wertenteil, New York (Ephrem J. Wertenteil of counsel), for appellant. Cozen O'Connor, New York (Eric J. Berger of counsel), for respondents.
Law Office of Ephrem J. Wertenteil, New York (Ephrem J. Wertenteil of counsel), for appellant.
Cozen O'Connor, New York (Eric J. Berger of counsel), for respondents.
Before: Kern, J.P., Kennedy, Scarpulla, Mendez, Shulman, JJ.
Amended order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered on or about November 4, 2019, which, to the extent appealed from, granted defendants' motion for summary judgment dismissing the Labor Law § 241(6) claim predicated upon Industrial Code (12 NYCRR) § 23-1.7(d), unanimously reversed, on the law, without costs, and the motion denied.
Plaintiff, a subcontractor's foreman, testified that he was attempting to unlock the door of the office trailer at 6:30 a.m. to review construction documents kept therein and to prepare the trailer for the day's employee meeting when he slipped and fell on the staircase landing-platform just outside the trailer door. Photographic exhibits reflect snow and ice on the narrow staircase. This evidence presents issues of fact as to whether plaintiff was engaged in a construction-related activity at the time he slipped and fell (see 12 NYCRR 23-1.4[b][13]; Gherardi City of New York, 49 A.D.3d 280 [1st Dept 2008]) and whether the landing on which he fell was the type of surface contemplated under 12 NYCRR 23-1.7(d), i.e., whether it was a "walkway" (see e.g. Quigley v Port Auth. of N.Y & N.J., 168 A.D.3d 65 [1st Dept 2018]) or a "passageway" (see Conklin v Triborough Bridge & Tunnel Auth., 49 A.D.3d 320 [1st Dept 2008]) or a "platform" (see Beltrone v City of New York, 299 A.D.2d 306 [2d Dept 2002]).