Rosen v. McGuire & Bennett, Inc.
A construction laborer suffered a back injury while unloading sheetrock at a Cornell University construction site, alleging that the general contractor, McQuire & Bennett, Inc., and Cornell University violated Labor Law § 241 (6) by failing to provide adequate protection from hazards. The plaintiff attributed the injury to unsafe unloading methodology and co-worker actions. The Supreme Court denied the defendants' motion for summary judgment on this claim. On appeal, the court reversed, finding no specific implementing regulation under Labor Law § 241 (6) that applied to the activity, and noted that defendants demonstrated the manual unloading method was customary and safe apart from deliberate misdeeds. Consequently, the appellate court granted summary judgment to the defendants, dismissing the Labor Law § 241 (6) cause of action.