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HARASIM v. ELJIN CONSTR. OF N.Y., INC.

10231, 400124/09, 75461/08, 76074/08.

106 A.D.3d 642 (2013)

966 N.Y.S.2d 387

2013 NY Slip Op 3796

PIOTR HARASIM et al., Respondents-Appellants, v. ELJIN CONSTRUCTION OF NEW YORK, INC., Appellant-Respondent, MADISON-90TH STREET CORPORATION, Respondent-Appellant, and DOUGLAS ELLIMAN, LLC, Respondent, et al., Defendant. MADISON-90TH STREET CORPORATION et al., Third-Party Plaintiffs-Respondents-Appellants, v. SUSAN GOLDBERG et al., Third-Party Defendants-Appellants-Respondents. (And a Second Third-Party Action.)

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

Decided May 28, 2013.

Industrial Code (12 NYCRR) § 23-1.7 (e) (2), which protects workers from tripping hazards, is inapplicable because the injured plaintiff does not allege that he tripped over "dirt and debris," "scattered tools" or "sharp projections" in his work area. Rather, he alleges that he slipped on a stairway in a building owned and maintained by defendant Madison (see Velasquez v 795 Columbus LLC, 103 A.D.3d 541, 541 [1st Dept 2013]...

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