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Paul Demercurio v. 605 West 42nd Owner LLC, et al

Here is case involving slip and falls on construction sites. The Court allowed the workers case to go forward to a jury trial. The worker slipped and fell on brown paper that had been installed on the floor of an apartment under construction. The Court said that since the worker testified that there was a cleaning agent called “green dust” on the paper which made it slippery, there was a question that needed to be decided by a jury as to whether the “green dust” was a “foreign substance” that should have been remedied as required by the New York State Industrial Code section 23-1.7(d). They also allowed his Labor Law § 200 claim to go forward because there was a question as to whether the general contractor had notice of the “green dust” dangerous condition.

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