Aragona v. State of New York, 2017 NY Slip Op 954 (N.Y. App. Div. 2017). · Go Syfert
Aragona v. State of New York, 2017 NY Slip Op 954 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
74 citation events (74 in the last 25 years) across 4 distinct courts.
Strongest positive: Morales v. 88th Ave. Owner, LLC (nyappdiv, 2025-12-24)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (rule) Morales v. 88th Ave. Owner, LLC
N.Y. App. Div. · 2025 · confidence medium
To establish liability under Labor Law § 241(6), a plaintiff or a claimant must demonstrate that his [or her] injuries were proximately caused by a violation of an Industrial Code provision that is applicable under the circumstances of the case'" ( Guaman v 178 Ct. St., LLC , 200 AD3d 655, 657 , quoting Aragona v State of New York , 147 AD3d 808, 809 [citations omitted]).
discussed Cited as authority (rule) Morales v. 88th Ave. Owner, LLC
N.Y. App. Div. · 2025 · confidence medium
To establish liability under Labor Law § 241(6), a plaintiff or a claimant must demonstrate that his [or her] injuries were proximately caused by a violation of an Industrial Code provision that is applicable under the circumstances of the case'" ( Guaman v 178 Ct. St., LLC , 200 AD3d 655, 657 , quoting Aragona v State of New York , 147 AD3d 808, 809 [citations omitted]).
discussed Cited as authority (rule) O'Donnell v. Rocklyn Ecclesiastical Corp.
N.Y. App. Div. · 2025 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]).
discussed Cited as authority (rule) Anjos v. Tappan Zee Constructors, LLC
N.Y. App. Div. · 2025 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]; see Bravo v 609 W 56th St.
discussed Cited as authority (rule) Gomez v. Tilden Estates, LLC
N.Y. App. Div. · 2025 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]).
discussed Cited as authority (rule) Carvalho v. Lotus Residence LLC
N.Y. Sup. Kings · 2025 · confidence medium
"To establish liability, a plaintiff must demo nstrate that his injuries were proximately caused by a violation of an applicable Indus I trial Code provision" (Graziano v. Source Builders & Consultants, LLC, 175 AD3 d 1253, 1258 [2d Dept 2019], quoting Arag ona v. State ofNew York, 147 AD3d 808, 809 [2d Dept 2018] ).
discussed Cited as authority (rule) Fuller v. 2465 Broadway Assoc., L.L.C.
N.Y. Sup. Kings · 2025 · confidence medium
Labor Law § 241(6) Lab or Law § 241 (6) "imposes a [non-del egable] duty ofre ason able care upo n own ers and contractors to prov ide reasonable and adeq uate prot ectio n and safe ty to pers ons emp loye d in, or lawf ully freq uent ing, all areas in whi ch cons truc tion , excavation, or dem oliti on wor k is bein g perf orm ed." (Song v. CA Plaza, LLC , 208 AD3 d 760, 761 [2d Dep t 2022 ] [internal quo tatio n marks omitted]). "'To establish liability, a plai ntiff mus t dem onst rate that his inju ries wer e prox imat ely caus ed by a viol atio n of an applicable Indu stria l Cod e prov…
discussed Cited as authority (rule) Bravo v. 609 W 56th St. Prop., LLC
N.Y. App. Div. · 2025 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]).
discussed Cited as authority (rule) Wittenberg v. Long Is. Power Auth.
N.Y. App. Div. · 2024 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]).
discussed Cited as authority (rule) Laliashvili v. Kadmia Tenth Ave. SPE, LLC (2×)
N.Y. App. Div. · 2023 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]; see Rizzuto v Wenger Contr.
discussed Cited as authority (rule) Walsh v. Kenny
N.Y. App. Div. · 2023 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to [*2]provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]).
discussed Cited as authority (rule) Castro v. Wythe Gardens, LLC (2×)
N.Y. App. Div. · 2023 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]; see Rizzuto v L.A.
discussed Cited as authority (rule) Stewart v. Brookfield Off. Props., Inc. (2×)
N.Y. App. Div. · 2023 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]; see Rizzuto v Wenger Contr.
discussed Cited as authority (rule) Murphy v. 80 Pine, LLC (2×)
N.Y. App. Div. · 2022 · confidence medium
Co., Inc. , 7 NY3d 805, 806 ; Martinez v 281 Broadway Holdings, LLC , 183 AD3d 712 , 714; Aragona v State of New York , 147 AD3d at 809), that exception does not apply here.
discussed Cited as authority (rule) Washington-Tatum v. City of New York
N.Y. App. Div. · 2022 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]; see Rizzuto v L.A.
discussed Cited as authority (rule) Chuqui v. Amna, LLC
N.Y. App. Div. · 2022 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]; see Rizzuto v L.A.
discussed Cited as authority (rule) Hamm v. Review Assoc., LLC
N.Y. App. Div. · 2022 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]; see Rizzuto v L.A.
discussed Cited as authority (rule) Guaman v. 178 Ct. St., LLC
N.Y. App. Div. · 2021 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]; see Rizzuto v L.A.
discussed Cited as authority (rule) Kefaloukis v. Mayer
N.Y. App. Div. · 2021 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]; see Rizzuto v L.A.
discussed Cited as authority (rule) Cain v. Ameresco, Inc.
N.Y. App. Div. · 2021 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]).
discussed Cited as authority (rule) Majerski v. City of New York
N.Y. App. Div. · 2021 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]).
discussed Cited as authority (rule) Golec v. Dock St. Constr., LLC
N.Y. App. Div. · 2020 · confidence medium
"Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers" ( Aragona v State of New York , 147 AD3d 808, 809 [internal quotation marks omitted]).
discussed Cited as authority (rule) Zaino v. Rogers
N.Y. App. Div. · 2017 · confidence medium
“To establish liability under Labor Law § 241 (6), a plaintiff or a claimant must demonstrate'that his [or her] injuries were proximately caused by a violation of an Industrial Code provision that is applicable under the circumstances of the case” (Aragona v State of New York, 147 AD3d 808, 809 [2017]; see Perez v 286 Scholes St.
discussed Cited "see" Bustamante v. BSD 370 Lexington, L.L.C.
N.Y. App. Div. · 2026 · signal: see · confidence high
"To prevail on a cause of action alleging a violation of Labor Law § 241(6), a plaintiff must establish the violation of an Industrial Code provision that sets forth specific, applicable safety standards, and that his or her injuries were proximately caused by such Industrial Code violation" ( Moscati v Consolidated Edison Co. of N.Y., Inc. , 168 AD3d 717 , 718; see Aragona v State of New York , 147 AD3d 808, 809 ).
discussed Cited "see" Guoxing Song v. CA Plaza, LLC
N.Y. App. Div. · 2022 · signal: see · confidence high
"To establish [*2]liability under Labor Law § 241(6), a plaintiff or a claimant must demonstrate that his [or her] injuries were proximately caused by a violation of an Industrial Code provision that is applicable under the circumstances of the case" ( Chuqui v Amna, LLC , 203 AD3d 1018, 1021 [internal quotation marks omitted]; see Aragona v State of New York , 147 AD3d 808, 809 ).
discussed Cited "see" Lazo v. New York State Thruway Auth.
N.Y. App. Div. · 2022 · signal: see · confidence high
"To prevail on a cause of action alleging a violation of Labor Law § 241(6), a plaintiff must establish the violation of an Industrial Code provision that sets forth specific, applicable safety standards, and that his or her injuries were proximately caused by such Industrial Code violation" ( Moscati v Consolidated Edison Co. of N.Y., Inc. , 168 AD3d 717 , 718; see Aragona v State of New York , 147 AD3d 808, 809 ).
discussed Cited "see" McNamara v. Gusmar Enters., LLC
N.Y. App. Div. · 2022 · signal: see · confidence high
"Labor Law § 241(6) imposes a nondelegable duty upon an owner and general contractor to provide reasonable and adequate protection and safety for workers and to comply with the specific safety rules and regulations promulgated by the Commissioner of the Department of Labor" ( Cruz v 1142 Bedford Ave., LLC , 192 AD3d 859, 682 ; see Misicki v Caradonna , 12 NY3d 511, 515 ). "'To establish liability under Labor Law § 241(6), a plaintiff or a claimant must demonstrate that his [or her] injuries were proximately caused by a violation of an Industrial Code provision that is applicable under the ci…
discussed Cited "see" Seem v. Premier Camp Co., LLC
N.Y. App. Div. · 2021 · signal: see · confidence high
"To prevail on a cause of action alleging a violation of Labor Law § 241(6), a plaintiff must establish the violation of an Industrial Code provision that sets forth specific, applicable safety standards, and that his or her injuries were proximately caused by such Industrial Code violation" ( Moscati v Consolidated Edison Co. of N.Y., Inc. , 168 AD3d 717 , 718; see Aragona v State of New York , 147 AD3d 808, 809 ).
discussed Cited "see" Reyes v. Astoria 31st St. Developers, LLC
N.Y. App. Div. · 2021 · signal: see · confidence high
"To establish liability under Labor Law § 241(6), a plaintiff . . . must demonstrate that his [or her] injuries were proximately caused by a violation of an Industrial Code provision that is applicable under the circumstances of the case" ( Graziano v Source Bldrs. & Consultants, LLC , 175 AD3d 1253 , 1258 [internal quotation marks omitted]; see Aragona v State of New York , 147 AD3d 808, 809 ), and "sets forth a specific standard of conduct and not simply a recitation of common-law safety principles" ( St.
Retrieving the full opinion text from the archive…
Gaynor Aragona, Respondent,
v.
State of New York, Appellant
2015-00001.
Appellate Division of the Supreme Court of the State of New York.
Feb 8, 2017.
2017 NY Slip Op 954
Dillon, Miller, Hinds-Radix, Connolly.
Cited by 49 opinions  |  Published

In a claim to recover damages for personal injuries, the defendant appeals from an interlocutory judgment of the Court of Claims (Sise, J.), dated November 6, 2014, which, upon a decision of the same court dated August 26, 2014, made after a trial on the issue of liability, finding it 70% at fault in the happening of the accident, apportioned fault among the parties accordingly and directed a trial on the issue of damages.

Ordered that the interlocutory judgment is affirmed, with costs.

The defendant contracted with Modern Continental Construction Co., Inc. (hereinafter Modern), to do construction work on the Wantagh Parkway Bridge over the Sloop Channel. The claimant was employed by Modern as a dock builder and was injured when he tripped on a pad eye on the deck of a work barge as he was carrying materials along a corridor created by lumber and construction material. The claimant filed a claim pursuant to Labor Law § 241 (6) alleging a violation of 12 NYCRR 23-1.7 (e) (1), which'provides in relevant part that “[a] 11 passageways shall be kept free from accumulations of dirt and debris and from any other obstructions or conditions which could cause tripping.” After a trial on the issue of liability, the Court of Claims determined that the claimant established his claim pursuant to Labor Law § 241 (6), found the defendant 70% at fault in the happening of the accident,[*809] and entered an interlocutory judgment apportioning fault among the parties and directing a trial on the issue of damages. The defendant appeals.

Labor Law § 241 (6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers” (Hricus v Aurora Contrs., Inc., 63 AD3d 1004, 1005 [2009] [internal quotation marks omitted]; see Fitzgerald v New York City School Constr. Auth., 18 AD3d 807, 808 [2005]). “In order to recover damages on a cause of action alleging a violation of Labor Law § 241 (6), a plaintiff must establish thé violation of an Industrial Code provision which sets forth specific safety standards” (Hricus v Aurora Contrs., Inc., 63 AD3d at 1005 [internal quotation marks omitted]; see Fitzgerald v New York City School Constr. Auth., 18 AD3d at 808). To establish liability under Labor Law § 241 (6), a plaintiff or a claimant must demonstrate that his injuries were proximately caused by a violation of an Industrial Code provision that is applicable under the circumstances of the case (see Mercado v TFT Brooklyn Assoc., LLC, 38 AD3d 732, 733 [2007]; Rivera v Santos, 35 AD3d 700, 702 [2006]). Contributory and comparative negligence are valid defenses to a Labor Law § 241 (6) claim (see Misicki v Caradonna, 12 NY3d 511, 515 [2009]).

Contrary to the defendant’s contention, the record supports the Court of Claims’ determination with regard to the defendant’s liability pursuant to Labor Law § 241 (6) based on a violation of 12 NYCRR 23-1.7 (e) (1). The testimony and evidence established that the two-to-three-foot wide corridor in which the claimant tripped was created by piles of lumber and materials on each side, and was used by the claimant to get from one point of the barge to another. Based on this evidence, the court did not err in concluding that the claimant tripped in a passageway within the meaning of 12 NYCRR 23-1.7 (e) (1) (see Lois v Flintlock Constr. Servs., LLC, 137 AD3d 446 [2016]; Aragona v State of New York, 74 AD3d 1260 [2010]; Canning v RFD 82nd St., 285 AD2d 439 [2001]).

Moreover, while a party is not entitled to recovery under Labor Law § 241 (6) based on a violation of 12 NYCRR 23-1.7 (e) (1) where the object he or she tripped over was an integral part of the construction (see O’Sullivan v IDI Constr. Co., Inc., 7 NY3d 805 [2006]), here, contrary to the defendant’s contention, the evidence established that the pad eye was not an integral part of the construction (see Aragona v State of New York, 74 AD3d 1260 [2010]; cf. O’Sullivan v IDI Constr. Co., Inc., 7 NY3d 805 [2006]).

Dillon, J.R, Miller, Hinds-Radix and Connolly, JJ., concur.