Plaintiff alleges that as he began to roll a wheelbarrow filled with debris up a ramp leading out of a basement, he tripped over a metal drainpipe protruding approximately three inches out of the poured concrete slab floor of the basement, sustaining injuries. Summary judgment dismissing plaintiff's section 241(6) claim based on a violation of 12 NYCRR 23-1.7(e)(2) was properly denied, the record being too sparse to permit findings that the drainpipe was a `sharp projection' within the meaning of that rule (cf. Lenard v. 1251 Ams. Assocs. 241 A.D.2d 391, 393-394), and, if so, whether it was an integral part of a floor under construction (cf. Isola v. JWP Forest Elec. Corp., 267 A.D.2d 157). Summary judgment dismissing plaintiff's section 200 claim was also properly denied, there being issues of fact as to whether defendants had supervisory control over the work that plaintiff was doing when injured, and, if so, whether the drainpipe was open and obvious (cf. Isola, at 158).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.