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PARRELLI v. CITY OF NEW YORK

277 A.D.2d 167 (2000)

716 N.Y.S.2d 308

VITTORIO PARRELLI et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided November 30, 2000.

Plaintiffs' Labor Law § 241 (6) claim is predicated on a violation of 12 NYCRR 23-9.4 (e). The regulation sets forth sufficiently specific requirements governing the movement of materials with a backhoe (in this case a concrete median barrier) to constitute a standard for the imposition of statutory liability (see, Brechue v Town of Wheatfield, 241 A.D.2d 935, lv denied 94 N.Y.2d 759). Whether the alleged violation of...

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