APPELBAUM v. 100 CHURCH L.L.C.


6 A.D.3d 310 (2004)

774 N.Y.S.2d 705

PHILIP APPELBAUM et al., Appellants, v. 100 CHURCH L.L.C. et al., Respondents. THE BANK OF NEW YORK COMPANY, INC., Third-Party Plaintiff-Respondent, v. G.J.F. CONSTRUCTION CORP., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 22, 2004.


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 plaintiff's 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 plaintiff's fall "`was an integral part of the work he was performing'" (Alvia v Teman Elec. Contr.,

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