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TOLK v. 11 W. 42 REALTY INVS., L.L.C.

150752/16. Appeal No. 15019. Case No. 2021-02557.

201 A.D.3d 491 (2022)

160 N.Y.S.3d 237

2022 NY Slip Op 00150

Jeffrey Tolk, Appellant, v. 11 West 42 Realty Investors, L.L.C. et al., Respondents. CJS Industries Inc., Third-Party Plaintiff-Respondent, v. Architectural Flooring Resource Inc., Third-Party Defendant, and Tishman Speyer Properties, LP, Third-Party Defendant-Respondent. (And Other Third-Party Actions.)

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

Hogan & Cassell, LLP, Jericho ( Michael D. Cassell of counsel), for appellant.

Law Office of James J. Toomey, New York ( Michael J. Kozoriz of counsel), for CJS Industries Inc., respondent.

Eustace, Preziozo & Yapchanyk, New York ( Robert M. Mitchell of counsel), for 11 West 42 Realty Investors, L.L.C., and Tishman Speyer Properties, LP, respondents.

Concur— Renwick, J.P., Kapnick, Moulton, Kennedy, Scarpulla, JJ.

For purposes of the applicability of Industrial Code (12 NYCRR) § 23-1.7(d), a staircase may constitute a passageway when that staircase is the sole access to the work site (see Harasim v Eljin Constr. of N.Y., Inc., 106 A.D.3d 642, 643 [1st Dept 2013]; Wowk v Broadway 280 Park Fee, LLC, 94 A.D.3d 669, 670 [1st Dept 2012]). Here, plaintiff and his coworkers were required to use the...

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