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TORRES v. TRIBOROUGH BRIDGE

Index No. 154199/16. Appeal No. 13710. Case No. 2020-04905.

193 A.D.3d 665 (2021)

143 N.Y.S.3d 189

2021 NY Slip Op 02619

Joseph Torres, Appellant, v. Triborough Bridge and Tunnel Authority, et al., Respondents.

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

Decided April 29, 2021.

Attorney(s) appearing for the Case

Jaroslawicz & Jaros PLLC, New York ( David Tolchin of counsel), for appellant.

Pillinger Miller Tarallo, LLP, New York ( Mary Ellen O'Brien of counsel), for respondents.

Concur—Kapnick, J.P., Moulton, Scarpulla, Mendez, JJ.

The court properly concluded that the area where plaintiff fell did not constitute a passageway as contemplated by Industrial Code (12 NYCRR) § 23-1.7(e)(1) (see Muscarella v Herbert Constr. Co., 265 A.D.2d 264 [1st Dept 1999]). The court also properly concluded that Industrial Code § 23-1.7(e)(2) was inapplicable, since the demolition debris resulted directly from the ongoing work being performed, which plaintiff had been...

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