2023 NY Slip Op 03769
Dariusz Dyszkiewicz, appellant,
v.
City of New York, et al., respondents.
No. 2020-01054, Index No. 713477/17
Supreme Court of New York, Second Department
July 12, 2023
Lipsig Shapey Manus & Moverman, P.C. (Marc Freund and Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Kenneth Gorman], of counsel), for appellant.
Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, NY (Patrick J. Lawless and I. Elie Herman of counsel), for respondents.
VALERIE BRATHWAITE NELSON, J.P., ANGELA G. IANNACCI, LINDA CHRISTOPHER, BARRY E. WARHIT, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Laurence L. Love, J.), entered January 17, 2020. The judgment, upon an order of the same court dated October 10, 2019 (Pam Jackman Brown, J.), inter alia, granting that branch of the defendants' motion which was for summary judgment dismissing so much of the cause of action alleging a violation of Labor Law § 241(6) as was predicated upon violations of 12 NYCRR 23-1.7(e) and 23-2.1(b), denying that branch of the plaintiff's motion which was for summary judgment on the issue of liability on so much of the cause of action alleging a violation of Labor Law § 241(6) as was predicated upon violations of 12 NYCRR 23-1.7(d) and 23-3.3(e), and, in effect, denying that branch of the plaintiff's motion which was for summary judgment on the issue of liability on the causes of action alleging a violation of Labor Law § 200 and common-law negligence, and upon a jury verdict in favor of the defendants and against the plaintiff on the issue of liability, among other things, on the cause of action alleging a violation of Labor Law § 241(6), is in favor of the defendants and against the plaintiff dismissing the complaint.
ORDERED that the judgment is affirmed, with costs.
On February 7, 2017, the plaintiff allegedly sustained injuries when he slipped and fell down stairs while working at a classroom renovation project at a school in Queens. The plaintiff was employed by Adam's European Contracting, Inc. (hereinafter AEC), a general contractor, that had contracted with the defendant New York City School Construction Authority (hereinafter SCA) to perform the renovation work. At the time of the incident, the plaintiff was moving various items from a third-floor classroom to the basement. After having made 5 to 10 trips traversing the same stairway, while carrying half of a metal doorframe down the stairway, the plaintiff allegedly slipped on clear, sticky liquid on the top step going from the second floor to the first floor, and fell down approximately 13 steps to the first floor landing.
In September 2017, the plaintiff commenced this action against the City of New York, the SCA, the New York City Department of Education (hereinafter DOE), and the New York City Board of Education (hereinafter the BOE). He asserted, inter alia, causes of action alleging common-law negligence and violations of Labor Law §§ 200 and 241(6). The...
