The First Department, modifying Supreme Court, determined plaintiff’s motion for summary judgment in this Labor Law 241 (6) action should not have been granted because there was a question of fact about plaintiff’s comparative negligence:
Plaintiff’s testimony that he slipped on water on the floor of the stairwell where he was working establishes prima facie a violation of Labor Law § 241(6) predicated on Industrial Code § 23-1.7(d) (“Slipping hazards”). In opposition, defendant, relying solely on speculative hearsay testimony (by another employee), failed to raise an issue of fact as to the way the accident occurred … .
While the record demonstrates defendant’s liability as a matter of law, an issue of fact exists as to negligence on plaintiff’s part … ,which could result in an apportionment of liability … . Plaintiff testified that, as he entered the stairwell, he was looking up to determine the location of the box through which he was to run cable, and that, while carrying a ladder in one hand, he attempted to descend the staircase without looking at the stairs or the landing in front of him. Luciano v New York City Hous. Auth., 2018 NY Slip Op 00473, First Dept 1-25-18
LABOR LAW-CONSTRUCTION LAW (QUESTION OF FACT WHETHER PLAINTIFF WAS COMPARATIVELY NEGLIGENT IN THIS LABOR LAW 241 (6) ACTION, PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (FIRST DEPT))