Morris v. Pavarini Construction

Summary

The New York Court of Appeals considered whether 12 NYCRR 23-2.2(a), requiring concrete forms to be braced or tied to maintain their position and shape, could support liability under Labor Law § 241(6). The court held that the regulation contains specific requirements, but that the record was insufficient to determine whether it applied to the object that injured the plaintiff. The court reversed summary judgment for the defendants and remitted the matter for further proceedings.

Holdings

1. The portions of 12 NYCRR 23-2.2 (a) requiring forms to be braced or tied together so as to maintain position and shape impose sufficiently specific requirements to serve as a basis for liability under Labor Law § 241 (6). By contrast, the phrases "structurally safe" and "properly" are not sufficiently specific.
2. Summary judgment dismissing the Labor Law § 241 (6) claim was premature because the record was insufficient to determine whether the regulation applied to the incomplete form component and what the specialized construction terms required.

Questions Presented

1. Whether 12 NYCRR 23-2.2 (a)'s requirement that forms be braced or tied together so as to maintain position and shape is sufficiently specific to support liability under Labor Law § 241 (6).
2. Whether summary judgment dismissing Morris's Labor Law § 241 (6) claim was proper when the record did not establish whether the regulation applied to the incomplete form component that injured him or what technical measures could have stabilized it.

Disposition

reversed_and_remanded