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O'GARA v. HUMPHREYS & HARDING, INC.

282 A.D.2d 209 (2001)

723 N.Y.S.2d 25

THOMAS O'GARA, Appellant, v. HUMPHREYS & HARDING, INC., et al., Respondents.

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

Decided April 3, 2001.

Plaintiff's Labor Law § 241 (6) claims were properly dismissed and the court properly rejected plaintiff's motion to amend the complaint to allege violations of Industrial Code (12 NYCRR) section 23-1.7 (d) and (e), since plaintiff's accident did not occur on a floor, platform, passageway or similar work area or surface within the protective purview of the cited code sections, but rather on muddy ground in an open area exposed to the elements (see, Jennings v Lefcon...

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