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Another NY Court of Appeals Labor Law Decision

Yesterday, the New York Court of Appeals handed down another short but sweet Labor Law decision in O'Sullivan v. IDI Constr. Co., Inc.,  2006 NY Slip Op 06344.  Here is the substantive portion, in its entirety:

The order of the Appellate Division should be affirmed, with costs. The courts below properly concluded that plaintiff's Labor Law § 241(6) cause of action, based on 12 NYCRR 23-1.7(e)(1) and (2), failed because the electrical pipe or conduit that plaintiff tripped over was an integral part of the construction. Further, plaintiff cannot recover in negligence or pursuant to Labor Law § 200 because no triable issue of fact exists that defendant IDI Construction Company, Inc.'s on-site safety manager "control[led] the activity bringing about the injury to enable it to avoid or correct an unsafe condition" (Russin v Picciano & Son, 54 NY2d 311, 317 [1981]) or that IDI maintained an unreasonably dangerous work environment.

Not exactly earth shattering, but nevertheless, when the Court of Appeals speaks, it's always a good idea to pay attention to what it's saying, no?


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