Chavious v. Friends Academy
Court: Appellate Division of the Supreme Court of the State of New York; March 19, 1995; New York; State Appellate Court
In a legal action to recover damages for personal injuries based on violations of the Labor Law, the defendant and third-party defendant appeal an order from the Supreme Court, Suffolk County, which denied their motions for summary judgment to dismiss the plaintiffs’ claims under Labor Law § 241(6). The appellate court affirmed the order, stating that plaintiff Kyle Chavious was engaged in construction work relevant to Labor Law § 241(6) at the time of the accident, as it involved alteration or repair of a building. The plaintiffs provided evidence of violations of specific Industrial Code directives. Thus, the Supreme Court correctly denied the motions for summary judgment. The decision included a bill of costs payable by the appellants, who filed separate briefs.