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DACCHILLE v. METROPOLITAN LIFE INSURANCE COMPANY

262 A.D.2d 149 (1999)

692 N.Y.S.2d 47

VITO DACCHILLE et al., Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY et al., Respondents.

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

Decided June 15, 1999.

The motion court properly dismissed plaintiffs' Labor Law § 241 (6) cause of action predicated upon violations of 12 NYCRR 23-1.7 (e) and 23-2.1 (a). Plaintiff sustained injuries when he "smashed against" some boxes while attempting to load onto a dolly, a 200-pound reel of cable wire that he had retrieved from within a wire mesh storage area known as "the cage". We agree with the IAS Court that this storage area does not constitute a "passageway" within the meaning...

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