The First Department, reversing Supreme Court, determined the Labor Law 241(6) and 200 causes of action should not have been dismissed. Plaintiff alleged he stepped on a bottle cap which caused him to slip and fall:
The record presents an issue of fact as to whether the bottle cap that caused the injured plaintiff’s slip-and-fall accident on the construction site was part of an accumulation of debris within the meaning of Industrial Code (12 NYCRR) § 23-1.7(e), on which the Labor Law § 241(6) claim is predicated … .
[Defendant] failed to demonstrate, by submitting evidence of when the area was last cleaned or inspected before the injured plaintiff’s accident, that the Labor Law § 200 and negligence claims should be dismissed as against it … . Plaza presented only general testimony by its employees that the area was inspected daily and that debris was removed by laborers. Deleo v JPMorgan Chase & Co., 2021 NY Slip Op 06320, First Dept 11-16-21