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PLAINTIFF SLIPPED ON ICE AND SNOW IN AN AREA OF THE WORK SITE USED AS A WALKWAY; PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT IN THIS LABOR LAW 241(6) ACTION SHOULD HAVE BEEN GRANTED; THERE WAS A DISSENT (FIRST DEPT).

The First Department, reversing Supreme Court, over a dissent, determined plaintiff was entitled to summary judgment on his Labor Law 241(6) cause of action. Plaintiff slipped and fell on ice and snow on a walkway used on the work site:

[12 NYCRR] Section 23-1.7(d) provides, in pertinent part, that no employee shall be permitted “to use a floor, passageway, walkway, scaffold, platform or other elevated working surface which is in a slippery condition” and requires the removal of any “[i]ce, snow, water, grease and any other foreign substance which may cause slippery footing.” Here, plaintiff’s accident occurred while he was walking on a path in the fenced-in area between the security guard booth and the worksite entrance at Staircase B. The general superintendent … swore in his deposition that there was an unpaved path between the booth and the worksite entrance, that it was one of two entrances to the worksite, that it was a “walked path that workers generally took” and that it was “an area that should be kept clear of snow and ice and any other slippery conditions so that workers don’t injure themselves[.]” Potenzo v City of New York, 2020 NY Slip Op 08013, First Dept 12-29-30

 

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