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PLAINTIFF SLIPPED ON ROSIN PAPER WHICH WAS PLACED ON THE STEPS AS AN INTEGRAL PART OF THE WORK, LABOR LAW 240 (1) AND 241 (6) CAUSES OF ACTION PROPERLY DISMISSED.

The Second Department determined plaintiff’s Labor Law causes of action were properly dismissed. Plaintiff slipped and fell on rosin paper on a step. Use of rosin paper was an integral part of the work. The court determined the Labor Law 240 (1) cause of action was properly dismissed because the accident was not caused by the operation of gravity within the meaning of the statute and the Labor Law 241 (6) cause of action was properly dismissed because the rosin paper was not a foreign substance:

In support of that branch of their motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240(1), the defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff’s injuries were not the direct consequence of the application of the force of gravity to an object or person … and, thus, fell outside the ambit of Labor Law § 240(1). …

The defendants also established their prima facie entitlement to judgment as a matter of law dismissing the Labor Law § 241(6) cause of action, premised upon a violation of 12 NYCRR 23-1.7(d), by establishing that the protective rosin paper upon which the plaintiff slipped was an integral part of the tile work … .As such, the rosin paper does not constitute a “foreign substance” within the meaning of 12 NYCRR 23-1.7(d) … . Lopez v Edge 11211, LLC, 2017 NY Slip Op 04262, 2nd Dept 5-31-17

 

LABOR LAW-CONSTRUCTION LAW (PLAINTIFF SLIPPED ON ROSIN PAPER WHICH WAS PLACED ON THE STEPS AS AN INTEGRAL PART OF THE WORK, LABOR LAW 240 (1) AND 241 (6) CAUSES OF ACTION PROPERLY DISMISSED)

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Remarks Made In the Course of Litigation Privileged

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