HECTOR L. SERRANO plf-ap, v. CONSOLIDATED EDISON COMPANY OF NEW YORK INC., def-res

2178-2178A. HECTOR L. SERRANO plf-ap, v. CONSOLIDATED EDISON COMPANY OF NEW YORK INC., def-res Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for ap Gordon Rees Scully Mansukhani, LLP, New York (Ryan J. Sestack of counsel), for res Orders, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about September 17, 2015, which denied plaintiffs’ motion for partial summary judgment on the Labor Law §§240(1) and 241(6) claims, and granted defendant’s motion for summary judgment dismissing the complaint, unanimously modified, on the law, to deny defendant’s motion as to the Labor Law §241(6) claim insofar as predicated on a violation of Industrial Code (12 NYCRR) §23-1.7(e) (2), and to grant plaintiffs’ motion for partial summary judgment on that claim, and otherwise affirmed, without costs.

Plaintiff Hector L. Serrano testified that he slipped and fell on a scaffold platform on which he had been performing his work of painting exposed structural steel on the exterior of defendant’s building and that after he fell he saw a mixture of paint chips and dust on the platform. The dust was generated by his and his coworker’s previous dusting and scraping of paint from the steel. Plaintiff inferred that he must have slipped on the dust and paint chips because he saw nothing else on the platform that could have caused his fall.