Igor Misicki, Appellant v. Salvatore Caradonna, Defendant, and 430-50 Shore Road Corporation, Respondent. (And a…

Summary

The New York Court of Appeals reversed the Appellate Division and denied summary judgment, holding that 12 NYCRR 23-9.2(a) contains a specific affirmative duty that gives rise to a nondelegable duty under Labor Law §241(6). The Court reasoned that the third sentence of the regulation mandates repair or replacement of a structural defect upon discovery, satisfying the Ross requirement for a concrete specification. The decision resolves a split among the Appellate Departments on the applicability of the regulation.