AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

KENNETH GORDINEER, Appellant, v. COUNTY OF ORANGE, Respondent.

Ordered that the order is affirmed, with costs.

The defendant's motion for summary judgment dismissing the complaint was properly granted. Once the defendant made out a prima facie case for summary judgment dismissing a Labor Law § 241 (6) cause of action, the plaintiff was required to show that the defendant violated a specific regulation implemented under Labor Law § 241 (6). The regulations cited by the plaintiff, 12 NYCRR 23-1.2 (c); 23-1.5 (a), are only a finding of fact and a general provision of the Industrial Code, respectively. In order to raise a triable issue as to a violation of Labor Law § 241 (6), the plaintiff was required to show that the defendant violated a provision which contains "concrete specifications" with which the defendant must comply under Labor Law § 241 (6) (see, Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494; Long v. Forest-Felhaber, 55 N.Y.2d 154; Sisu v. Wolinetz, 200 A.D.2d 663). The regulatory provisions cited by the plaintiff did not raise a triable issue of fact necessary to defeat the defendant's entitlement to judgment as a matter of law (see, Ross v Curtis-Palmer Hydro-Elec. Co., supra; Narrow v. Crane-Logan Structural Sys., 202 A.D.2d 841).

In light of the foregoing determination, we need not reach the parties' remaining contentions. Sullivan, J.P., Balletta, Joy and Friedmann, JJ., concur.

Use AI to get other relevant cases.

Comments

GORDINEER v. COUNTY OF ORANGE
(Jun 13, 1994)