MICHAEL AHERN, plf-ap, v. NYU LANGONE MEDICAL CENTER def-res, NEW YORK UNIVERSITY, def

2114. MICHAEL AHERN, plf-ap, v. NYU LANGONE MEDICAL CENTER def-res, NEW YORK UNIVERSITY, def — The DelliCarpini Law Firm, Garden City (Christopher J. DelliCarpini of counsel), for ap — Maroney O'Connor LLP, New York (Ross T. Herman of counsel), for NYU Langone Medical Center and Hospital for Joint Diseases, res — Marshall Dennehey Warner Coleman & Goggin, Melville (Mark J. Agin of counsel), for Cardella Trucking Company, Inc., res — __—Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered December 14, 2015, which, to the extent appealed from as limited by the briefs, granted defendant Cardella Trucking Company, Inc.'s motion, and defendants NYU Langone Medical Center and Hospital for Joint Diseases' (together the NYU Hospital defendants) motion, for summary judgment dismissing plaintiff's Labor Law §241(6) claim predicated upon an alleged violation of Industrial Code (12 NYCRR) §23-1.28(b), and denied plaintiff's cross motion for partial summary judgment on the same claim, unanimously modified, on the law, to deny the NYU Hospital defendants' motion for summary judgment dismissing the Labor Law §241(6) claim as against them, and otherwise affirmed, without costs.

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2114. MICHAEL AHERN, plf-ap, v. NYU LANGONE MEDICAL CENTER def-res, NEW YORK UNIVERSITY, def — The DelliCarpini Law Firm, Garden City (Christopher J. DelliCarpini of counsel), for ap — Maroney O’Connor LLP, New York (Ross T. Herman of counsel), for NYU Langone Medical Center and Hospital for Joint Diseases, res — Marshall Dennehey Warner Coleman & Goggin, Melville (Mark J. Agin of counsel), for Cardella Trucking Company, Inc., res — __—Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered December 14, 2015, which, to the extent appealed from as limited by the briefs, granted defendant Cardella Trucking Company, Inc.’s motion, and defendants NYU Langone Medical Center and Hospital for Joint Diseases’ (together the NYU Hospital defendants) motion, for summary judgment dismissing plaintiff’s Labor Law §241(6) claim predicated upon an alleged violation of Industrial Code (12 NYCRR) §23-1.28(b), and denied plaintiff’s cross motion for partial summary judgment on the same claim, unanimously modified, on the law, to deny the NYU Hospital defendants’ motion for summary judgment dismissing the Labor Law §241(6) claim as against them, and otherwise affirmed, without costs.

While working as a laborer on a construction site at defendant Hospital for Joint Diseases, plaintiff allegedly sustained injuries when the wheel of a mini-container rolled over his foot. Defendant Cardella had provided the mini-containers that the laborers used to remove debris from the work site. Plaintiff and the other laborers would move these mini-containers across the floor to a hoist that would lower them to the street level, where a Cardella employee would empty the contents into a Cardella truck, and then return the mini-container to the laborers. Cardella employees were not at the work site daily; they came to the work site only when the contractors called them to empty the containers.

MICHAEL AHERN, plf-ap, v. NYU LANGONE MEDICAL CENTER def-res, NEW YORK UNIVERSITY, def

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