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FUENTES v. LINDSAY PARK HOUS. CORP.

Index No. 300141/17E. Appeal No. 15482. Case No. 2021-00741.

203 A.D.3d 487 (2022)

160 N.Y.S.3d 867

2022 NY Slip Op 01513

Felix Fuentes, Respondent, v. Lindsay Park Housing Corp., Appellant.

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

Decided March 10, 2022.

Attorney(s) appearing for the Case

Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for appellant.

Berson & Budashewitz, LLP, New York (Jeffrey A. Berson of counsel), and Wingate, Russotti, Shapiro & Halperin, LLP, New York, for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, González, Shulman, Rodriguez, JJ.

With respect to the Labor Law § 241(6) claim, the motion court correctly determined that plaintiff was performing his painting and plastering work in a vacant apartment in a construction context (see 12 NYCRR 23-1.4[b][13]; Aarons v 401 Hotel, L.P., 12 A.D.3d 293 [1st Dept 2004]) and that an issue of fact existed as to whether his slipping on and/or tripping over a thin plastic...

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