Nelson v Rockrose Dev. Corp.

Nelson v Rockrose Dev. Corp. 2003 NY Slip Op 51474(U) Decided on November 25, 2003 Appellate Term, First Department

[*1] This opinion is uncorrected and will not be published in the Official Reports.
Digest-Index Classification:Labor—Safe Place to Work
Decided on November 25, 2003
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570246/03

RICHARD NELSON, JR., Plaintiff-Appellant,

against

ROCKROSE DEVELOPMENT CORP.,

[*2] Defendant-Respondent.

Plaintiff appeals from that portion of an order of the Civil Court, New York County, entered March 12, 2002 (Cynthia Kern, J.) which granted a motion by defendant for summary judgment dismissing plaintiff's Labor Law § 241(6) claim and denied plaintiff's cross motion for summary judgment on that claim.

PER CURIAM:

Order entered March 12, 2002 (Cynthia Kern, J.) affirmed, with $10 costs, for the reasons stated by Cynthia Kern, J. at the Civil Court.

Plaintiff's cited violation of Industrial Code 12 NYCRR 23-1.8(a), which requires eye protection for employees engaged in activities "which may endanger the eyes," is inapplicable to the facts in this action involving an injury only to plaintiff's nose. Despite plaintiff's expert opinion evidence concerning the meaning and intent of section 23-1.8(a), whether the regulation is applicable herein remains a question of law for the court to resolve (see, Stasierowski v Conbow Corp., 258 AD2d 914, 915 [1999]; Rodriguez v New York City Hous. Auth., 209 AD2d 260, 260-261 [1994]).

This constitutes the decision and order of the court.