A contractor's obligation under the statute is only "when constructing," which is defined in 12 NYCRR 23-1.4 as including the same activities enumerated under Labor Law § 240 (1), and plaintiff was not "constructing, demolishing or excavating" because the ramp was not in his work area.
Even if, arguendo, defendant contractors' argument regarding the nature of plaintiff's work may be raised at this juncture, such work, involving an extensive project for the installation...
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