Opinion
September 27, 1996.
Order unanimously affirmed without costs.
Before: Present Green, J.P., Pine, Wesley, Davis and Boehm, JJ.
Plaintiffs appeal from an order insofar as it granted the motion of defendant The Pike Company for summary judgment dismissing the cause of action under Labor Law § 241 (6). To prevail on that cause of action, plaintiffs must establish a violation of a specific safety regulation promulgated by the Commissioner of the Department of Labor ( see, Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 505). Plaintiffs have not established a violation of 12 NYCRR 23-1.7 (e) (1) because that paragraph applies to passageways and the accident did not take place in a passageway ( see, Adams v Glass Fab, 212 AD2d 972, 973). Plaintiffs also have not established a violation of 12 NYCRR 23-1.7 (e) (2) because that paragraph requires that floors or other work areas be kept free from the accumulation of dirt and debris, and from scattered tools and materials and sharp projections; the accident in this case allegedly was caused by the temporary protective flooring itself ( see, Adams v Glass Fab, supra, at 973). (Appeal from Order of Supreme Court, Monroe County, Galloway, J. — Summary Judgment.)