Summary
In Rivera v Squibb Corp. (184 AD2d 239), this Department upheld the Labor Law claims of a plaintiff who was injured during the construction debris removal process, where the plaintiff was an employee of a subcontractor performing work at the construction site.
Summary of this case from Toro v. Plaza Constr. Corp.Opinion
June 4, 1992
Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).
Plaintiff, an employee of a subcontractor performing work on the 25th through 27th floors of a building located in Manhattan, was engaged in the construction debris removal process when he was injured. While the injuries occurred on the loading dock area of the ground floor of this building, the debris removal process is part of the construction job site and is accorded the protections of the Labor Law. Further, we agree with the IAS court that there exist questions of fact as to whether there was a violation of sections 200, 240 (1) and 241 (6) of the Labor Law, as well as whether these violations were the proximate cause of plaintiff's injuries, sufficient to deny defendants' motions for summary judgment.
Concur — Ellerin, J.P., Kupferman, Ross, Asch and Kassal, JJ.