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SMITH v. HINES GS PROPERTIES, INC.

29 A.D.3d 433 (2006)

815 N.Y.S.2d 82

DOUGLAS P. SMITH, Appellant, v. HINES GS PROPERTIES, INC., et al., Respondents and Third-Party Plaintiffs. KOEHLER MASONRY CORP. et al., Third-Party Defendants-Respondents.

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

May 18, 2006.

The open area between the building under construction and the materials storage trailers was not a "passageway" or walkway covered by Industrial Code (12 NYCRR) § 23-1.7 (e) (1) (see Dalanna v City of New York, 308 A.D.2d 400 [2003]). Nevertheless, the tradesmen at the site routinely traversed this physically defined area as their only access to equipment and materials, making it arguably an integral part of the work site. A...

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