O'Sullivan v IDI Constr. Co., Inc.

2006 NY Slip Op 06344

Decided on August 31, 2006

Court of Appeals

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on August 31, 2006
No. 163 SSM 23






Submitted by John A. Collins, for appellant.
Submitted by Michael H. Zhu, for third-party
respondent Cosner Construction.
Submitted by Mathew P. Ross, for third-party
respondent IDI Construction Company, Inc.
Submitted by Brendan T. Fitzpatrick, for third-party
respondent Teman Electric Construction, Inc.


MEMORANDUM:[*2]

The order of the Appellate Division should be affirmed, with costs. The courts below properly concluded that plaintiff's Labor Law § 241(6) cause of action, based on 12 NYCRR
23-1.7(e)(1) and (2), failed because the electrical pipe or conduit that plaintiff tripped over was an integral part of the construction. Further, plaintiff cannot recover in negligence or pursuant to Labor Law § 200 because no triable issue of fact exists that defendant IDI Construction Company, Inc.'s on-site safety manager "control[led] the activity bringing about the injury to enable it to avoid or correct an unsafe condition" (Russin v Picciano & Son, 54 NY2d 311, 317 [1981]) or that IDI maintained an unreasonably dangerous work environment.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and
R.S. Smith concur.
Decided August 31, 2006