A prerequisite to prevailing on a Labor Law § 241(6) claim is showing a violation of an Industrial Code regulation containing “concrete specifications” applicable to the alleged facts. Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 505 (1993). Until recently, there has been a split within the Appellate Division of the Supreme Court of the State of New York as to whether 12 NYCRR § 23-4.2(k) was sufficiently specific to serve as a basis for vicarious liability to sustain a Labor Law §…
By: Harris Beach Murtha
By: Harris Beach Murtha
