Smith v. McClier Corp., 22 A.D.3d 369 (N.Y. App. Div. 2005). · Go Syfert
Smith v. McClier Corp., 22 A.D.3d 369 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 2 distinct courts.
Strongest positive: Godlewski v. Park Seventy-Ninth Corp. (nysupctnewyork, 2025-04-07)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
cited Cited as authority (rule) Godlewski v. Park Seventy-Ninth Corp.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
Sections 23-1.7(e)(1) and (e)(2) are sufficiently specific to support a claim pursuant to Labor Law § 241(6) (Smith v McClier Corp., 22 AD3d 369, 370 [1st Dept 2005]; Colucci v Equitable Life Assur.
cited Cited as authority (rule) Woodward v. J.T. Magen & Co., Inc.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
There is no dispute that Section 23-1.7(e) is “sufficiently concrete and specific in its requirements to support” a Labor Law §241(6) claim (Smith v McClier Corp., 22 AD3d 369, 370 [1st Dept 2005]).
discussed Cited as authority (rule) Williamson v. Guardian Life Ins. Co. of Am.
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
NO. 210 RECEIVED NYSCEF: 06/04/2024 point where the work was actually being conducted, but to the entire site” (Smith v McClier Corp., 22 AD3d 369, 371 [1st Dept 2005] [internal quotation marks, ellipses, and citations omitted]).
discussed Cited as authority (rule) Ragoo v. Port Auth. of N.Y. & N.J.
N.Y. App. Div. · 2024 · confidence medium
The motion court properly found that issues of fact exist as to whether it was necessary for plaintiff to traverse the area where he tripped and fell on debris so as to preclude summary judgment ( Smith v McClier Corp. , 22 AD3d 369, 370 [1st Dept 2005]).
discussed Cited as authority (rule) Ragoo v. Port Auth. of N.Y. & N.J.
N.Y. App. Div. · 2024 · confidence medium
The motion court properly found that issues of fact exist as to whether it was necessary for plaintiff to traverse the area where he tripped and fell on debris so as to preclude summary judgment ( Smith v McClier Corp. , 22 AD3d 369, 370 [1st Dept 2005]).
cited Cited as authority (rule) Licata v. AB Green Gansevoort, LLC
N.Y. App. Div. · 2018 · confidence medium
Crane Collapse Litig. , 133 AD3d 478 [1st Dept 2015]; Smith v McClier Corp. , 22 AD3d 369, 370 [1st Dept 2005]).
cited Cited as authority (rule) Oliveri v. City of New York
N.Y. App. Div. · 2017 · confidence medium
Corp., 40 AD3d 305, 306 [1st Dept 2007]; Smith v McClier Corp., 22 AD3d 369, 371 [1st Dept 2005]; Dalanna v City of New York, 308 AD2d 400 [1st Dept 2003]).
cited Cited as authority (rule) Marquez v. L & M Development Partners, Inc.
N.Y. App. Div. · 2016 · confidence medium
Inc., 99 AD3d 139, 148 [2012]; Linkowski v City of New York, 33 AD3d 971, 975 [2006]; Smith v McClier Corp., 22 AD3d 369, 371 [2005]).
discussed Cited as authority (rule) Steiger v. LPCiminelli, Inc. (2×)
N.Y. App. Div. · 2013 · confidence medium
Co., Inc, 41 AD3d 1154, 1157 [2007]; Smith v McClier Corp., 22 AD3d 369, 371 [2005]; Fura, 15 AD3d at 948 ; Bauer v Niagara Mohawk Power Corp., 249 AD2d 948, 949 [1998]).
discussed Cited as authority (rule) Steiger v. LPCiminelli, Inc. (2×)
N.Y. App. Div. · 2013 · confidence medium
Co., Inc, 41 AD3d 1154, 1157 [2007]; Smith v McClier Corp., 22 AD3d 369, 371 [2005]; Fura, 15 AD3d at 948 ; Bauer v Niagara Mohawk Power Corp., 249 AD2d 948, 949 [1998]).
discussed Cited as authority (rule) Cappabianca v. Skanska USA Building Inc.
N.Y. App. Div. · 2012 · confidence medium
Safety’s contract limited its responsibilities and did not confer any authority to supervise and control Cappabianca’s work (see Smith v McClier Corp., 22 AD3d 369, 371 [2005] [an agent’s general contractual obligation to ensure compliance with safety regulations at a work site does not constitute a sufficient basis for liability under the Labor Law or a theory of negligence]).
discussed Cited as authority (rule) Collado v. City of New York
N.Y. App. Div. · 2010 · confidence medium
The record demonstrates that PEGS lacked sufficient supervisory control over the work of Kiska’s employees to be held a statutory agent of the city defendants for purposes of liability under the Labor Law (see Kagan v BFP One Liberty Plaza, 62 AD3d 531, 531-532 [2009], lv denied 13 NY3d 713 [2009]; Smith v McClier Corp., 22 AD3d 369, 371 [2005]; Vaneer v 993 Intervale Ave.
discussed Cited as authority (rule) Gherardi v. City of New York
N.Y. App. Div. · 2008 · confidence medium
Although the accident occurred on an entrance ramp used for worker ingress and for bringing in materials, and not where plaintiffs work was actually being conducted, the protection of the statute extends to such area (see Smith v McClier Corp., 22 AD3d 369, 371 [2005]; Whalen v City of New York, 270 AD2d 340, 342 [2000]), and it is not necessary for the offending instrumentality to have been erected for worker use.
discussed Cited "see" Cowan v. ADF Construction Corp.
N.Y. App. Div. · 2006 · signal: see · confidence high
Moreover, there is a triable issue of fact concerning whether the area was in fact a passageway that defendants were obligated to keep free of obstructions or other conditions that might cause “tripping” (12 NYCRR 23-1.7 [e] [1]; see Smith, 22 AD3d at 370-371 ; Bopp v A.M.
discussed Cited "see, e.g." DePhillips v. Tishman Constr. Corp. (2×)
N.Y. App. Div. · 2026 · signal: see also · confidence medium
The Court of Appeals observed in Scaparo v Village of Ilion that "the term 'owner' is not limited to the titleholder of the property where the accident occurred and encompasses a person 'who has an interest in the property and who fulfilled the role of owner by contracting to have work performed for his [or her] benefit'" (13 NY3d 864, 866 [2009]; see also Smith v McClier Corp. , 22 AD3d 369, 371 [1st Dept 2005] [the key to imposing Labor Law liability is that the party to be charged have authority to supervise and control the work and safety]; Sweeting v Board of Coop.
Retrieving the full opinion text from the archive…
Andrew Smith, Appellant-Respondent
v.
McClier Corporation, and Ruttura & Sons, Respondent McClier Corporation, Third-Party v. United States Rebar, Inc., Also Known as US Rebar, Third-Party Defendant-Respondent, Third-Party (And a Second Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York.
Oct 20, 2005.
22 A.D.3d 369
Cited by 18 opinions  |  Published

[*370] Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered May 25, 2004, which, insofar as appealed from as limited by the briefs, granted those branches of defendants’ motion and cross motions for summary judgment seeking dismissal of plaintiffs Labor Law § 241 (6) claim, and denied so much of the cross motion of defendant Hirani Engineering and Land Surveying, EC. as sought dismissal of plaintiffs Labor Law § 200 and common-law negligence claims as against it, unanimously modified, on the law, to deny summary judgment dismissing the Labor Law § 241 (6) claim as against all defendants except Hirani Engineering, and to reinstate that claim against all defendants except Hirani, and to grant Hirani’s cross motion for summary judgment to the additional extent of dismissing the Labor Law § 200, common-law negligence and cross claims against it, and otherwise affirmed, without costs. The Clerk is directed to enter judgment dismissing the complaint and all cross claims as against defendant Hirani Engineering and Land Surveying, P.C.

According to the complaint, plaintiff was injured when, while moving between areas of the construction worksite in search of a tool needed for the rebar work he had been assigned, he tripped on a tool bucket and fell off an unrailed stairway landing.

Contrary to defendants’ arguments, the Industrial Code provision whose violation plaintiff cites as the predicate for his Labor Law § 241 (6) claim, 12 NYCRR 23-1.7 (e), is applicable to the facts at bar and is sufficiently concrete and specific in its requirements to support such a claim (see Farina v Plaza Constr. Co., 238 AD2d 158 [1997]; Colucci v Equitable Life Assur. Socy. of U.S., 218 AD2d 513 [1995]). Although the motion court, in dismissing the claim, concluded that plaintiff was not authorized to use the passage in which the accident occurred, evidence showing that, prior to the accident, workers routinely utilized the stairway without restriction, that the stairway was not barricaded and that there were no warnings posted restricting its use, was sufficient to raise a triable issue as to whether the passageway was in fact off limits. In any case, 12 NYCRR 23-1.7 (e) (1) does not exempt any construction site “passageways” from its scope; it clearly requires that “fa]ll passageways shall be kept free from . . . obstructions or conditions which could cause tripping” (emphasis supplied), and we have had occasion to observe that responsibility under Labor Law[*371] § 241 (6) “extends not only to the point where the . . . work was actually being conducted, but to the entire site, including passageways utilized in the provision and storage of tools, in order to insure the safety of laborers going to and from the points of actual work” (Sergio v Benjolo N.V., 168 AD2d 235, 236 [1990]; see also Whalen v City of New York, 270 AD2d 340, 342 [2000]; Zeigler-Bonds v Structure Tone, 245 AD2d 80 [1997]).

Assuming for the sake of argument that the alleged stairway hazard was open and obvious, defendants would not therefore be relieved of such statutory and common-law obligations as they otherwise had to maintain the workplace premises in reasonably safe condition (see Maza v University Ave. Dev. Corp., 13 AD3d 65 [2004]; Westbrook v WR Activities-Cabrera Mkts., 5 AD3d 69 [2004]).

However, the section 241 (6) claim was properly dismissed as against defendant subcontractor Hirani Engineering because it was not an “owner” or a “general contractor” and the record establishes that Hirani did not have sufficient authority to supervise and control the injury-producing work to support the imposition of liability on it as a statutory “agent” (see Russin v Louis N. Picciano & Son, 54 NY2d 311, 318 [1981]; see also Serpe v Eyris Prods., 243 AD2d 375, 379-380 [1997]). At most, Hirani was under a general contractual obligation to ensure compliance with safety regulations, but that is insufficient to support imposition of liability on an agency theory, or pursuant to Labor Law § 200 and its common-law counterpart (see Reilly v Newireen Assoc., 303 AD2d 214, 222 [2003], lv denied 100 NY2d 508 [2003]; Dalanna v City of New York, 308 AD2d 400 [2003]; Buccini v 1568 Broadway Assoc., 250 AD2d 466, 468-469 [1998]).

We have reviewed the parties’ remaining arguments for affirmative relief and find them unavailing. Concur—Mazzarelli, J.P., Friedman, Marlow and Nardelli, JJ.