Justice Jack Battaglia
Hector Reynoso, a laborer/stripper employed by a nonparty allegedly sustained personal injuries when he slipped on ice at the World Trade Center construction site. Reynoso contended he was entitled to partial summary judgment on his §241(6) suit as against Bovis Lend Lease Lmb Inc., the general contractor of the site. To recover on a Labor Law §241(6) violation, plaintiff must show violation of an Industrial Code provision. Reynoso’s affidavit stated that at the time of the accident, he was carrying a Doka panel, which was about 9 feet by 2 feet, over his right shoulder and slipped on snow and ice that had accumulated on the work site’s platform. In a recent First Department case, which involved the same Industrial Code section, the court concluded that plaintiff had sufficiently established prima facie entitlement to summary judgment. Comparing this case to the instant case, the court found that Reynoso’s affidavit sufficiently established prima facie that he was instructed to perform work, which included carrying Doka panels on the subject platform even though there were areas on the platform covered with snow and ice. Thus, Reynoso’s motion for summary judgment on his Labor Law §241(6) cause of action as against Bovis was granted.
