Contrary to the IAS Court's finding that it was merely a passageway from one place of work to another, the old concrete stairway unearthed during excavation of the site and thereafter left in place to be used by the workers to gain access from the bottom of the fourteen foot deep excavation to street level and specifically used by plaintiff to summon trucks at street level to pick up debris, was a "tool" used by the workers and constituted the functional equivalent of the...
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