Appellate Division of the Supreme Court of the State of New York January 16, 2001 (Caffrey v. Morse Diesel International)

In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Berke, J.), dated March 22, 2000, as, in denying the defendant’s motion for summary judgment dismissing the plaintiffs’ Labor Law § 241 (6) cause of action, determined that Industrial Code [12 NYCRR] § 23-1.