EVELYN ARES, &C., APPELLANT, v. THE STATE OF NEW YORK AND THE NEW YORK STATE THRUWAY AUTHORITY, RESPONDENTS.
80 N.Y.2d 959, 605 N.E.2d 361, 590 N.Y.S.2d 874 (1992).
October 29, 1992

1 No. 186

Decided October 29, 1992

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Cheryl Eisberg Moin, for Appellant.
Benjamin A. Fleischner, for Respondents.

MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division erred in concluding that Labor Law § 241 (6) applies only to work in connection with the construction or demolition of buildings and not to the highway construction project involved here (see, Mosher v State of New York, ___ NY2d ___ [decided today]). Nevertheless, the claimant's cause of action under that section was properly dismissed. The record supports the Court of Claims' conclusion that claimant failed to establish that a violation of a safety regulation promulgated pursuant to Labor Law § 241 (6) was the proximate cause of the accident.

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Order affirmed, with costs, in a memorandum. Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur. Judge Smith took no part.