NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
February 24, 2009
HOWARD OLSHEWITZ, PLAINTIFF-RESPONDENT,
CITY OF NEW YORK, ET AL., DEFENDANTS, SLATTERY SKANSKA, INC., DEFENDANT-APPELLANT.
Order, Supreme Court, New York County (Louis B. York, J.), entered March 26, 2008, which, to the extent appealed from, granted plaintiff partial summary judgment on his Labor Law § 241(6) claim, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Gonzalez, J.P., Sweeny, Renwick, Freedman, JJ.
Plaintiff's Labor Law § 241(6) claim is predicated on a violation of Industrial Code (12 NYCRR) § 23-1.7(b)(1), which regulates the safeguarding of hazardous openings. Defendant-appellant argues that the court erred in granting partial summary judgment as to liability on plaintiff's § 241(6) claim because there are triable issues of fact concerning proximate cause and comparative negligence. Plaintiff having demonstrated his entitlement to summary judgment, appellant failed to satisfy its burden to present evidence sufficient to raise a triable issue of fact as to any of its alleged defenses (see Catarino v State of New York, 55 AD3d 467 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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