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MUSCARELLA v. HERBERT CONSTRUCTION COMPANY, INC.

265 A.D.2d 264 (1999)

697 N.Y.S.2d 35

CARMINE MUSCARELLA, Appellant, v. HERBERT CONSTRUCTION COMPANY, INC., Respondent. (And a Third-Party Action.)

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

Decided October 28, 1999.

Industrial Code (12 NYCRR) § 23-1.7 (e) (1) and (2) were correctly held to be inapplicable to plaintiff's claim, which alleges an injury sustained while walking from the job site to a construction trailer as a result of tripping over the ledge of a metal grate that surrounded a tree two feet away from the temporary steps of the trailer. This open area did not constitute the sort of passageway, floor, platform, or similar working surface contemplated by the cited regulations...

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