New York City and the general contractor of a school construction site may be liable to a worker who was injured due to slippery conditions even though the conditions were caused by a defective saw provided by a subcontractor, a divided state appellate panel has ruled.
Appellate Division, First Department Justice Helen Freedman (See Profile), joined by Justices David Friedman (See Profile) and Dianne Renwick (See Profile), concluded in a 3-2 decision handed down Aug. 14 that Acting Manhattan Supreme Court Justice Saliann Scarpulla (See Profile) was largely correct in dismissing the worker’s Labor Law claims. But the panel in Cappabianca v. Skanska USA Building Inc., 103046/06, reinstated one claim insofar as it alleged certain violations of the city’s Industrial Code.
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