Neville v. Chautauqua Lake Central School District

Summary

The New York Appellate Division, Fourth Department, unanimously affirmed an order denying summary judgment in part to defendants Chautauqua Lake Central School District and LPCiminelli, Inc. The action alleged violations of New York Labor Law § 241(6) and related Industrial Code provisions concerning protective equipment for employees using corrosive substances. The court held that coworker deposition testimony raised a factual issue regarding whether the protective equipment provided for handling hot asphalt was adequate, despite finding the plaintiffs’ expert affidavit conclusory.

Holdings

1. The expert affidavit was insufficient to raise a triable issue of fact because it stated in conclusory terms that the provided safety equipment and apparel were inappropriate and supplied no evidence of a deviation from industry standards.
2. The coworker deposition testimony raised a triable issue of fact sufficient to defeat summary judgment on the claims that defendants violated 12 NYCRR 23-1.7 (h) and 23-1.8 (c) (4).

Questions Presented

1. Whether plaintiffs' expert affidavit was sufficient to raise a triable issue of fact concerning violations of 12 NYCRR 23-1.7 (h) and 23-1.8 (c) (4).
2. Whether the deposition testimony of plaintiffs' coworkers independently raised a triable issue of fact sufficient to defeat summary judgment on the Labor Law § 241 (6) claims.

Disposition

affirmed