| Hiraldo v 20 Beekman Place LLC |
| 2009 NY Slip Op 52389(U) [25 Misc 3d 139(A)] |
| Decided on November 25, 2009 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendants appeal from that portion of an order of the Civil Court of the City of New York,
New York County, (Arthur F. Engoron, J.), entered May 8, 2009, which denied their motion for
summary judgment dismissing plaintiff's Labor Law § 241(6) claim.
Per Curiam.
Order (Arthur F. Engoron, J.), entered May 8, 2009, affirmed, with $10 costs.
Plaintiff's Labor Law § 241(6) claim is not susceptible to summary dismissal since the record now before us raises several triable issues, including whether the construction material and debris over which plaintiff allegedly fell was an integral part of the demolition work being performed (see generally Singh v Young Manor, Inc., 23 AD3d 249 [2005]; McDonagh v Victoria's Secret, Inc., 9 AD3d 395 [2004]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concurI concur
Decision Date: November 25, 2009