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JONES v. 30 PARK PLACE HOTEL LLC

10634. 156753/16.

178 A.D.3d 604 (2019)

112 N.Y.S.3d 499

2019 NY Slip Op 09357

Jeffrey W. Jones, Sr., Appellant, v. 30 Park Place Hotel LLC et al., Respondents.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Jillian Rosen of counsel), for appellant.

Harrington, Ocko & Monk, LLP, White Plains ( Adam G. Greenberg of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Oing, Singh, González, JJ.

Plaintiff testified that while stepping backward with a wheelbarrow, he tripped over a piece of plywood nailed to the floor of the construction site, apparently to cover a hole. Plaintiff's Labor Law § 241(6) claim was correctly dismissed, because the area where plaintiff tripped and fell was an open area and not a "passageway" within the meaning of Industrial Code (12 NYCRR) § 23-1.7(e)(1) (see Purcell v Metlife Inc...

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