157744/12. SERGIO PEREIRA, ET AL., plf-app-res, v. THE NEW SCHOOL, ET AL., def-res-app — Ledy-Gurren Bass D’Avanzo & Siff, L.L.P., New York (Deborah A. Bass of counsel), for ap-res — Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success (Christopher Simone of counsel), for res-ap — Order, Supreme Court, New York County (Joan A. Madden, J.), entered November 4, 2015, which, insofar as appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the Labor Law §241(6) claim predicated on Industrial Code (12 NYCRR) §23-1.7(d), denied the motion as to the Labor Law §200 and common-law negligence claims and the Labor Law §241(6) claim predicated on 12 NYCRR 23-1.7(e) and 23-2.1(a) (1), and denied plaintiffs’ motion for partial summary judgment as to liability on the Labor Law §241(6) claim, unanimously modified, on the law, to deny defendants’ motion as to the Labor Law §241(6) claim predicated on 12 NYCRR 23-1.7(d), and otherwise affirmed, without costs.
Plaintiff Sergio Pereira, a carpenter working at a construction site at a building owned by defendant the New School, was injured when he slipped on wet discarded concrete that was deposited on a piece of plywood on which he was walking, at the end of a passageway, causing his left foot to become entangled with two bundles of rebar protruding from under the plywood. On the afternoon of the accident, plaintiff was tasked with working on the building’s fourth floor to erect the next batch of tables and platforms (forms) to construct the fifth floor. In constructing the tables and forms, plaintiff did not and would not use rebar or concrete.
