- Court
- New York Supreme Court, Appellate Division, First Department
- Case
- Berardi v. 900 Third Avenue, L.P.
- Date
- May 28, 2026
- Slip Op. No.
- 2026 NY Slip Op 03359
Background
Plaintiff Christopher Berardi, a carpenter, alleged that he was injured when he tripped on a torn and crumpled portion of tarp that covered a corridor while he was pushing an A-frame cart to deliver glass windows to newly constructed offices during an office renovation project. Defendants included 900 Third Avenue, L.P. and Paramount Group, Inc., the building owners, and Gannon Contracting LLC, the general contractor. Third-party defendant Empire Office, Inc., which was responsible for furnishing the offices, was brought into the action by Gannon. Berardi moved for summary judgment on his Labor Law section 241(6) claim predicated on a violation of Industrial Code section 23-1.7(e)(1), which governs tripping hazards on passageways and walkways at construction sites. The Supreme Court, New York County, granted the motion, and Empire Office appealed.
Holding
The Appellate Division unanimously affirmed the grant of summary judgment on liability on the Labor Law section 241(6) claim. Industrial Code section 23-1.7(e)(1) requires that passageways at construction sites be kept free from obstructions and conditions that could cause tripping. The Court found that the torn and crumpled tarp covering the corridor constituted a tripping hazard within the meaning of the regulation, and that the failure to maintain the passageway in a safe condition violated the Industrial Code provision. Berardi established that the tarp condition was a proximate cause of his fall and resulting injuries. The Court rejected Empire Office’s arguments in opposition, finding that the evidence conclusively established the violation and causation.
Takeaways
Industrial Code section 23-1.7(e)(1) requires that passageways at construction sites be maintained free from tripping hazards, and a torn and crumpled tarp covering a corridor constitutes a violation of this provision. Liability under Labor Law section 241(6) is established when the plaintiff demonstrates a violation of a specific, applicable Industrial Code provision that was a proximate cause of the injury. Protective coverings and materials used at construction sites must be properly maintained, and a covering that deteriorates into a tripping hazard creates liability for the property owner and general contractor.
Why It Matters
This case provides a practical example of how seemingly minor conditions at construction sites—such as a torn tarp on a corridor floor—can give rise to Labor Law section 241(6) liability when they violate specific Industrial Code provisions. Property owners and general contractors should ensure that protective coverings and materials used in construction areas are regularly inspected and maintained, as deterioration that creates tripping hazards will result in strict liability under the applicable Industrial Code provision. The decision also demonstrates that furniture vendors and other non-construction entities brought into the project may face indemnification exposure when their presence at the site contributes to conditions that cause injury.