New York Court of Appeals
Srecko Bazdaric v. Almah Partners
February 20, 2024
Summary
The Court of Appeals held that plaintiffs were entitled to summary judgment on liability under Labor Law § 241 (6) because the plastic covering on the escalator was a foreign substance that created a slippery condition in violation of 12 NYCRR 23-1.7 (d). The Court rejected the argument that the covering was integral to the work, explaining that the integral-to-the-work doctrine does not protect an avoidable dangerous method when safer alternatives could accomplish the task. The Appellate Division’s order was therefore reversed, defendants’ cross-motion was denied, and plaintiffs’ motion was granted.