Opinion
10634 Index 156753/16
12-26-2019
Jeffrey W. JONES, Sr., Plaintiff–Appellant, v. 30 PARK PLACE HOTEL LLC, et al., Defendants–Respondents.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Jillian Rosen of counsel), for appellant. Harrington, Ocko & Monk, LLP, White Plains (Adam G. Greenberg of counsel), for respondents.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Jillian Rosen of counsel), for appellant.
Harrington, Ocko & Monk, LLP, White Plains (Adam G. Greenberg of counsel), for respondents.
Renwick, J.P., Manzanet–Daniels, Oing, Singh, Gonza´lez, JJ.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered March 25, 2019, which, to the extent appealed from as limited by the briefs, granted defendants' motion for summary judgment dismissing the Labor Law § 200 and common-law negligence claims and the Labor Law § 241(6) claim predicated on Industrial Code § 23–1.7(e)(1), unanimously affirmed, without costs.
Plaintiff testified that while stepping backward with a wheelbarrow, he tripped over a piece of plywood nailed to the floor of the construction site, apparently to cover a hole. Plaintiff's Labor Law § 241(6) claim was correctly dismissed, because the area where plaintiff tripped and fell was an open area and not a "passageway" within the meaning of Industrial Code ( 12 NYCRR) § 23–1.7(e)(1) (see Purcell v. Metlife Inc. , 108 A.D.3d 431, 432, 969 N.Y.S.2d 43 [1st Dept. 2013] ; see also Canning v. Barney's N.Y. , 289 A.D.2d 32, 34, 734 N.Y.S.2d 116 [1st Dept. 2001] ).
The Labor Law § 200 and common-law negligence claims were correctly dismissed because defendants neither controlled or directed plaintiff's work nor had notice of the allegedly defective condition of the work site (see Cappabianca v. Skanska USA Bldg. Inc. , 99 A.D.3d 139, 143–144, 950 N.Y.S.2d 35 [1st Dept. 2012] ).