Porazzo v. City of New York

• Decision Date: 17 April 2007
• Docket Number: 2006-02546.
• Citation: Porazzo v. City of New York, 2007 NY Slip Op 3287, 39 A.D.3d 731, 834 N.Y.S.2d 298 (N.Y. App. Div. 2007)
• Parties: ROBERT PORAZZO et al., Appellants, v. CITY OF NEW YORK et al., Respondents.
• Court: New York Supreme Court — Appellate Division

39 A.D.3d 731

834 N.Y.S.2d 298

2007 NY Slip Op 03287

ROBERT PORAZZO et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

2006-02546.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 17, 2007.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Solomon, J.), dated January 18, 2006, as granted that branch of the defendants' motion which was for summary judgment dismissing the cause of action based on an alleged violation of Labor Law § 241 (6).

Ordered that the order is affirmed insofar as appealed from, with costs.

In response to the defendants' prima facie demonstration of their entitlement to judgment as a matter of law, the plaintiffs failed to submit evidence sufficient to raise a triable issue of fact. Contrary to the plaintiffs' contention, the open, ground level of the work site where the injured plaintiff fell did not constitute a passageway, walkway, or other elevated working surface contemplated by 12 NYCRR 23-1.7 (d) (see Roberts v Worth Constr., Inc., 21 AD3d 1074,...