Summary judgment dismissing the Labor Law § 241 (6) claim is not warranted, since an issue of fact exists as to whether Industrial Code (12 NYCRR) § 23-1.22 (b) (1), pertaining to runways and ramps, is applicable. Defendants maintain that the plank that allegedly struck plaintiff James Rohan did not constitute part of a ramp. However, the affidavit of plaintiffs' expert, who opined that the unsecured wooden planks served as a "temporary construction ramp" and that...
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