GLAB v. 110-118 RIVERSIDE TENANTS CORP, N.Y. App. Div., Judgment, Law, casemine.com

Citation Codes

Equivalent Citations

citation codes

Attorney(S)

Monsour, Winn, Kurland Warner, LLP, Lake Success, N Y (Peter Kassimatis of counsel), for appellants. Brody, Fabiani Cohen, New York, N.Y. (Thomas G. Connolly of counsel), for defendant-respondent. Dwyer Brennan, New York, N.Y. (Robert K. Erlanger of counsel), for third-party defendant-respondent.

Judges

Robert J. Miller

See more information ...

Smart Summary

Please sign up to generate summary.

STANISLAW F. GLAB, et al., appellants, v. 110-118 RIVERSIDE TENANTS CORP., defendant-respondent, DEBBIE STEIN, etc., defendant third-party plaintiff-respondent; EGGERS CONSTRUCTION CORP., third-partydefendant-respondent.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiffs contend only that a triable issue of fact existed as to whether there was a violation of Labor Law § 241 Lab.(6), citing noncompliance with two sections of the Industrial Code, 12 NYCRR 23-1.12(c)(2), and (3). The Supreme Court found, inter alia, that there were no such violations and dismissed the complaint. We agree.

The defendants presented unrebutted evidence in admissible form sufficient to show compliance with the provisions of 12 NYCRR 23-1.12(c)(2) as a matter of law. They also demonstrated the inapplicability of 12 NYCRR 23-1.12(c)(3). Accordingly, the Supreme Court properly granted the motions for summary judgment and dismissed the complaint with respect to claims asserted pursuant to Labor Law § 241 Lab.(6) ( see, Zuckerman v. City of New York, 49 N.Y.2d 557; see also, Fills v. Merit Oil Corp., 258 A.D.2d 556 [2d Dept., Feb. 16, 1999]).

GLAB v. 110-118 RIVERSIDE TENANTS CORP

STANISLAW F. GLAB, et al., appellants, v. 110-118 RIVERSIDE TENANTS CORP., defendant-respondent, DEBBIE STEIN, etc., defendant third-party plaintiff-respondent; EGGERS CONSTRUCTION CORP., third-partydefendant-respondent.

Comments