Appelbaum v. 100 Church L.L.C.
Opinion of the Court
Order, Supreme Court, Bronx County (Jerry L. Crispino, J.), entered on or about March 14, 2003, which, inter alia, granted the motion of defendant Bank of New York and the cross motions of defendants 100 Church L.L.C. and Verde Electric Corp. for summary judgment dismissing the complaint and all cross claims, unanimously affirmed, without costs.
The Industrial Code sections cited by plaintiff as predicates for his Labor Law § 241 (6) cause of action are inapplicable. Industrial Code (12 NYCRR) § 23-1.7 (e) (1) does not apply because plaintiffs accident did not occur in a passageway and Industrial Code (12 NYCRR) § 23-1.7 (e) (2) does not apply because the debris that allegedly caused plaintiffs fall “ ‘was an integral part of the work he was performing’ ” (Alvia v Teman Elec. Contr., 287 AD2d 421, 423 [2001], quoting Sharrow v Dick Corp., 233 AD2d 858, 860 [1996]).
We have considered plaintiffs remaining arguments and find them unavailing. Concur—Andrias, J.P., Williams, Friedman, Marlow and Gonzalez, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.