Garcia v. Renaissance Gardens Assocs., 242 A.D.2d 463 (N.Y. App. Div. 1997). · Go Syfert
Garcia v. Renaissance Gardens Assocs., 242 A.D.2d 463 (N.Y. App. Div. 1997). Cases Citing This Book View Copy Cite
8 citation events (6 in the last 25 years) across 2 distinct courts.
Strongest positive: Thornton v. Riverbay Corp. (nyappdiv, 2014-05-13)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Thornton v. Riverbay Corp.
N.Y. App. Div. · 2014 · confidence medium
There is no evidence that the roll was an obstruction or tripping hazard in its original position, and thus, plaintiff’s injury was not caused by any violation of 12 NYCRR 23-1.7 (e) (1) (see Garcia v Renaissance Gardens Assoc., 242 AD2d 463, 464 [1st Dept 1997]; see also Brown v New York City Economic Dev.
discussed Cited as authority (rule) Thornton v. Riverbay Corp.
N.Y. App. Div. · 2014 · confidence medium
There is no evidence that the roll was an obstruction or tripping hazard in its original position, and thus, plaintiff’s injury was not caused by any violation of 12 NYCRR 23-1.7 (e) (1) (see Garcia v Renaissance Gardens Assoc., 242 AD2d 463, 464 [1st Dept 1997]; see also Brown v New York City Economic Dev.
discussed Cited "see" Mooney v. BP/CG Ctr. II, LLC
N.Y. App. Div. · 2020 · signal: see · confidence high
However, the single screw upon which he knelt does not constitute an "accumulation[] of dirt and debris" (12 NYCRR 23-1.7[e][1]; see Garcia v Renaissance Gardens Assoc. , 242 AD2d 463 [1st Dept 1997]).
Retrieving the full opinion text from the archive…
Guillermo Garcia
v.
Renaissance Gardens Associates, and Third-Party Plaintiffs-Respondents. United Construction Corporation, Third-Party Defendant-Respondent
Appellate Division of the Supreme Court of the State of New York.
Sep 18, 1997.
242 A.D.2d 463
1997 N.Y. App. Div. LEXIS 8815
Cited by 6 opinions  |  Published

Order and judgment (one paper), Supreme Court, New York County (William Davis, J.), entered April 1, 1996, which, insofar as appealed from, dismissed plaintiffs claim under Labor Law § 241 (6) after the close of plaintiffs case, unanimously affirmed, without costs.

Although a violation of 12 NYCRR 23-1.7 (e) may provide the basis for a claim under Labor Law § 241 (6) (see, e.g., Colucci v Equitable Life Assur. Socy., 218 AD2d 513), the trial court correctly held that that provision of the Industrial Code has no application to the facts of this case, which involve a hazard that arose from an integral part of the work plaintiff was performing (see, Adams v Glass Fab, 212 AD2d 972; cf., Lenard v 1251 Ams. Assocs., 241 AD2d 391). In particular, plaintiffs injury resulted from the sudden exposure to sharp edges of beams that broke loose from a plastic strap while he was carrying the beams; the injury was not caused by an “accumulation” of “[s]harp projections” in a “passageway” or “[w]orking area” (12 NYCRR 23-1.7 [e]). Plaintiffs contention that the trial court erred in excluding his expert’s testimony is rendered academic by the inapplicability of the Industrial Code. Concur—Murphy, P. J., Sullivan, Ellerin and Williams, JJ.