Capil Joseph v. Memorial Hosp. for Cancer & Allied Diseases et al.

Summary

The Appellate Division, First Department modified an order granting the plaintiff partial summary judgment on a Labor Law § 241(6) claim and otherwise affirmed. The court held that factual issues existed regarding whether the plaintiff was engaged in construction work and whether lighting conditions violated Industrial Code § 23-1.30, while concluding that the record supported notice of the puddle and lighting conditions and that the accident occurred on a floor under Industrial Code § 23-1.7(d).

Holdings

1. Plaintiff was not entitled to partial summary judgment because an issue of fact existed as to whether he was engaged in construction work when he slipped.
2. Plaintiff failed to establish a prima facie violation of Industrial Code § 23-1.30 because the evidence showed the area was dimly lit, rather than completely dark, and the assertions concerning the lighting were conclusory and nonspecific.
3. Plaintiff established, for purposes of the summary-judgment motion, that his foreman knew or should have known about the puddle and lighting conditions.
4. The passageway characterization was academic because the record indicated that plaintiff slipped and fell on a floor within the meaning of Industrial Code § 23-1.7(d).

Questions Presented

1. Whether plaintiff was entitled to partial summary judgment on a Labor Law § 241(6) claim when a factual issue existed as to whether he was engaged in construction work at the time of the accident.
2. Whether plaintiff established a prima facie violation of Industrial Code (12 NYCRR) § 23-1.30 based on allegedly inadequate lighting.
3. Whether plaintiff established that defendants had notice of the alleged Industrial Code violations.
4. Whether the accident location was a passageway or a floor within the meaning of Industrial Code (12 NYCRR) § 23-1.7(d).

Disposition

other