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A plaintiff was injured when a trench collapsed during water main repairs. He initiated an action against the Village of Kings Point and Carlo Lizza & Sons Paving, Inc., alleging violations of Labor Law § 240 (1) and § 241 (6). The Supreme Court correctly granted summary judgment to the Village on the Labor Law § 240 (1) claim, ruling that trench collapses are not within its ambit. However, the court erred by granting summary judgment on the Labor Law § 241 (6) claim, as the Industrial Code provisions 12 NYCRR 23-4.2 and 23-4.4, relied upon by the plaintiff, were deemed sufficiently specific to support the claim. The case examines owner liability under Labor Law and the specificity required for Industrial Code violations.
Ferreira v. Village of Kings Point is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
A plaintiff was injured when a trench collapsed during water main repairs. He initiated an action against the Village of Kings Point and Carlo Lizza & Sons Paving, Inc., alleging violations of Labor Law § 240 (1) and § 241 (6). The Supreme Court correctly granted summary judgment to the Village on the Labor Law § 240 (1) claim, ruling that trench collapses are not within its ambit. However, the court erred by granting summary judgment on the Labor Law § 241 (6) claim, as the Industrial Code provisions 12 NYCRR 23-4.2 and 23-4.4, relied upon by the plaintiff, were deemed sufficiently specific to support the claim. The case examines owner liability under Labor Law and the specificity required for Industrial Code violations.
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