In this action to recover damages for personal injuries sustained during the excavation of a construction site, the Appellate Division, Second Department, in accordance with M&H’s arguments, determined that Defendants had failed to meet their prima facie burden in seeking dismissal of Plaintiff’s Labor Law  241(6) and 200 claims, reasoning that there was a triable issue of fact as to whether Plaintiff’s path to an excavator on the worksite was a “walkway” within the meaning of 12 NYCRR 23-1.7(d)

Zukowski, et al. v. Powell Cove Estates Home Owners Association, Inc., et al.

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