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TUCKER v. TISHMAN CONSTRUCTION CORP. OF NEW YORK

36 A.D.3d 417 (2007)

828 N.Y.S.2d 311

THOMAS TUCKER et al., Appellants, v. TISHMAN CONSTRUCTION CORP. OF NEW YORK, Respondent, et al., Defendant. TISHMAN CONSTRUCTION CORP. OF NEW YORK, Third-Party Plaintiff-Respondent, v. MANHATTAN STRUCTURES, Third-Party Defendant, and BRAWNMADE CONSTRUCTION, Third-Party Defendant-Respondent.

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

Decided January 4, 2007.

The record establishes that the area where plaintiff fell was not a passageway subject to Industrial Code (12 NYCRR) § 23-1.7 (e) (1) but a work area subject to section 23-1.7 (e) (2) (see Canning v Barneys N. Y., 289 A.D.2d 32, 34 [2001]), and that there is no liability under the latter section because the rebar steel over which plaintiff tripped was an integral part of the work being performed, not debris, scattered tools...

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