Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06339
Schmeisser v 685 First Realty Co., LLC
Read the official decision: 2026 NY Slip Op 06339
Holding The court affirmed the denial of the plaintiff’s motion for summary judgment because he failed to establish a prima facie case that the defendants violated 12 NYCRR 23-1.7(d) and (e)(1). The plaintiff’s own deposition testimony raised triable issues of fact regarding the existence of a slippery condition and the duration of the tripping hazard.
The court’s words
the plaintiff failed to establish, prima facie, that the defendants violated 12 NYCRR 23-1.7(d), which protects workers from slipping hazards
2026 NY Slip Op 06339, at the official text
the plaintiff's deposition testimony raised a triable issue of fact as to whether a slippery condition existed within the meaning of 12 NYCRR 23-1.7(d)
2026 NY Slip Op 06339, at the official text
the plaintiff also failed to meet his prima facie burden of establishing that his injuries were proximately caused by a violation of 12 NYCRR 23-1.7(e)(1)
2026 NY Slip Op 06339, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06339 |
| Area of law | Labor Law and Construction Accidents |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06339 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1618 |
Recommended citation
ESQ HQ, New York Law Watch, Schmeisser v 685 First Realty Co., LLC, 2026 NY Slip Op 06339 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06339/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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