Sand Traps Not Just a Danger to Your Golf Game
In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Queens County decision that granted plaintiff’s motion for summary judgment as to his Labor Law § 241(6) cause of action as predicated on a violation of Industrial Code § 23-1.7(d).
In Bravo v. 609 W 56th St. Prop., LLC, 2025 NY Slip Op 00208, plaintiff alleges he was injured while working at a construction site when he slipped on oil underneath sand on the floor of a construction site. Prior to slipping, plaintiff was cleaning debris from the demolition of sheetrock walls, as he was instructed to do by his foreman, and slipped while walking to get a broom and shovel.
At the conclusion of discovery, plaintiff moved for summary judgment on the issue of liability as to his Labor Law § 241(6) cause of action, as predicated on violations of § 23-1.7(d) (relating to slipping hazards and employer responsibility to remedy slippery conditions in passageways, floors or scaffolds). The lower Court granted plaintiff’s motion and the Second Department affirmed.
The Second Department held that plaintiff met his prima facie burden on summary judgment by establishing that his injuries were proximately caused by the defendant’s violation of § 23-1.7(d) by submitting a transcript of his deposition testimony, where he testified he slipped and fell when he stepped on oil, a foreign substance, underneath sand on the floor while walking get a broom and shovel.
Overall, a pretty straightforward Labor Law § 241(6) case from the Second Department involving slippery substances in passageways as contemplated by § 23-1.7(d). This Industrial Code section has been consistently held to be sufficiently specific to support a § 241(6) Cause of action, a critical initial analysis when handling these causes of action.
The Bravo decision can be found here.
For additional information, contact Philip D. Priore, Esq. and/or Michael J. Shields, Esq.
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