Mann v. Mezuyon, LLC

Summary

The Court of Appeals held that Industrial Code section 23-4.2 (k) is not sufficiently specific to support vicarious liability under Labor Law § 241 (6). The provision broadly prohibits allowing people to work where excavation equipment may strike or endanger them but does not prescribe a concrete action, distance, protective measure, or other specific standard of conduct. The court therefore affirmed dismissal of the Labor Law § 241 (6) claim.