AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

MIECZYSLAW GAWEL et al., Appellants, v. CONSOLIDATED EDISON COMPANY OP NEW YORK, INC., Respondent.

We find, contrary to the motion court, that 12 NYCRR 23-1.7 (e) (2) ( Colluci v Equitable Life Assur. Socy., 218 AD2d 513), 12 NYCRR 23-1.30 ( Dickson v Fantis Foods, 235 AD2d 452), and 12 NYCRR 23-3.3 (c) ( Zuniga v Stam Realty, 169 Misc 2d 1004) contain "concrete specifications", rendering the section 241 (6) claim viable, and find issues of fact as to whether their alleged violation contributed to Plaintiff's injury. The section 200 claim is also viable. The testimony of defendant's chief construction inspector that he was stationed at the work site, inspected the work on a daily basis, kept a daily log, and had the authority to stop the performance of and to order the correction of unsafe work practices raise issues of fact as to whether defendant supervised the work site ( see, Lombardi v Stout, 80 NY2d 290, 295).

Use AI to get other relevant cases.

Comments

GAWEL v. CONSOLIDATED EDISON CO. OF NEW YORK
(Mar 11, 1997)