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CROSS v. NOBLE ELLENBURG WINDPARK, LLC

5265, 114988/07.

157 A.D.3d 457 (2018)

68 N.Y.S.3d 456

2018 NY Slip Op 00092

EUGENE CROSS, Appellant, v. NOBLE ELLENBURG WINDPARK, LLC, et al., Respondents, et al., Defendant.

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

Decided January 9, 2018.

The motion court correctly dismissed plaintiff's Labor Law § 241 (6) claim. Plaintiff fell due to a chain catching his foot, and not due to a slippery condition or foreign substance, and thus Industrial Code (12 NYCRR) § 23-1.7 (d) was not implicated (see Militello v 45 W. 36th St. Realty Corp., 15 A.D.3d 158, 159 [1st Dept 2005]; Croussett v Chen, 102 A.D.3d 448 [1st Dept 2013...

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