Summary
In Muscarella, the Court held that both subdivisions of 12 NYCRR § 23-1.7 were inapplicable, as the plaintiff's accident occurred while he was "walking from the job site to a construction trailer" when he tripped over the ledge of a metal grate (256 AD2d at 264).
Summary of this case from Vasquez v. City of N.Y.Opinion
October 28, 1999
Order, Supreme Court, New York County (Lorraine Miller, J.).
Industrial Code regulations 12 NYCRR 23-1.7(e)(1) and (2) were correctly held to be inapplicable to plaintiff's claim, which alleges an injury sustained while walking from the job site to a construction trailer as a result of tripping over the ledge of a metal grate that surrounded a tree two feet away from the temporary steps of the trailer. This open area did not constitute the sort of passageway, floor, platform, or similar working surface contemplated by the cited regulations (see, Jennings v. Lefcon Partnership, 250 A.D.2d 388, 389, lv denied 92 N.Y.2d 819; see also, Lenard v. 1251 Americas Assocs., 241 A.D.2d 391, 392).
ELLERIN, P.J., NARDELLI, LERNER, ANDRIAS, FRIEDMAN, JJ.