You are here: / / Industrial Code Provision Which Prohibits Allowing an Employee to Use an...

Industrial Code Provision Which Prohibits Allowing an Employee to Use an “Elevated Working Surface Which Is In a Slippery Condition” Does Not Apply to Snow Removal/The Injury—a Slip and Fall While Shoveling Snow—Was Caused by “An Integral Part of the Work”

Plaintiff was directed to remove snow from the work site and slipped and fell in the process. The Third Department affirmed the dismissal of plaintiff’s Labor Law 241(6) cause of action because the cited industrial code provision (12 NYCRR 23-1.7 (d)) did not apply to the work plaintiff was assigned. The industrial code prohibited allowing an employee to use an “elevated working surface which is in a slippery condition.” However, where the injury is caused by “an integral part of the work” being performed (here, removal of the slippery condition) that industrial code provision does not apply:

… [P]laintiff cites 12 NYCRR 23-1.7 (d), which prohibits an employer from allowing an employee to use an “elevated working surface which is in a slippery condition.” However, when the injury is caused by “an integral part of the work” being performed, 12 NYCRR 23.1-7 does not apply … . In other words, liability does not attach when the injury is caused by the “‘very condition [a plaintiff] was charged with removing'” … . … Here, plaintiff was injured due to the condition that he was specifically charged with removing … , Barros v Bette & Cring, LLC, 2015 NY Slip Op 04910, 3rd Dept 6-11-15

 

You might also like
IN A TAYLOR LAW ARBITRATION, WHERE THE PARTIES CHOOSE THE ARBITRATORS, THE PARTIALITY OF A CHOSEN ARBITRATOR, WITHOUT MORE, IS NOT A GROUND FOR DISQUALIFICATION (THIRD DEPT).
IN A SIGNIFICANT DEPARTURE FROM PRECEDENT BASED UPON A NOVEMBER 2019 COURT OF APPEALS DECISION, THE FAILURE TO INCLUDE THE DATE, APPROXIMATE TIME OR PLACE OF A CHARGED OFFENSE IN A SUPERIOR COURT INFORMATION (SCI) OR A WAIVER OF INDICTMENT IS NOT A JURISDICTIONAL DEFECT AND THEREFORE MUST BE PRESERVED FOR APPEAL (THIRD DEPT).
THERE WAS NO EVIDENCE TO CORROBORATE THE OLDER CHILD’S OUT-OF-COURT ALLEGATIONS OF ABUSE BY FATHER; THE ABUSE AND DERIVATIVE ABUSE PETITION WAS DISMISSED (THIRD DEPT).
NO EVIDENCE OF THREATENED USE OF A DANGEROUS INSTRUMENT, ROBBERY FIRST CONVICTION NOT SUPPORTED, COUNTY COURT DID NOT CONDUCT AN ADEQUATE INQUIRY INTO DEFENSE COUNSEL’S REQUEST TO WITHDRAW, CONVICTION REVERSED (THIRD DEPT).
DEFENDANT TOOK A CELL PHONE PICTURE OF THE VICTIM IN THE SHOWER THROUGH A HIGH WINDOW; HE CLAIMED THE PHOTO WAS TAKEN ACCIDENTALLY WHEN HE WAS TRYING TO PHOTOGRAPH LIGHTNING; DEFENDANT, IN ANSWER TO A QUESTION BY THE POLICE ABOUT WHETHER THIS WAS A “PATTERN,” ADMITTED HE HAD SURREPTITIOUSLY TAKEN SIMILAR PHOTOS OF HIS WIFE; THE PREJUDICIAL EFFECT OF HIS APPARENT ADMISSION TO A “PATTERN” OF SIMILAR BEHAVIOR OUTWEIGHED ITS PROBATIVE EFFECT; NEW TRIAL ORDERED (THIRD DEPT). ​
PROPERTY TAX ASSESSMENTS WERE PROPERLY REDUCED BY OVER $20 MILLION BUT THE COURT CANNOT REDUCE THE ASSESSMENTS BELOW THE AMOUNTS REQUESTED IN THE PETITION (THIRD DEPT).
Termination of Deputy Sheriff by Sheriff after Hearing Officer Recommended Suspension Upheld
Proof of Inability to Control Sexual Behavior (Over and Above Proof of Antisocial Personality Disorder [ASPD]), Deemed Sufficient to Justify Confinement as a Dangerous Sex Offender

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Although a Prima Facie Case of Abuse and Neglect Was Made Out, Father’s... Prior Owner of a Nursing Home Did Not Have Standing to Seek Payments from Medicaid...