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QUESTION OF FACT WHETHER PLAINTIFF’S SLIP AND FALL OCCURRED ON DEBRIS IN A WALKWAY WITHIN THE MEANING OF THE NYCRR IN THIS LABOR LAW 241(6) ACTION, HOWEVER, BECAUSE THE FALL OCCURRED OUTSIDE THE ENTRANCE TO A SHANTY, THE NYCRR PROVISION WHICH PERTAINS TO PASSAGEWAYS WAS NOT APPLICABLE (FIRST DEPT).

The First Department, in a full-fledged opinion by Justice Tom, modifying Supreme Court, determined there were questions of fact about the applicability of certain provisions of the New York Code Rules and Regulations (NYCRR) to plaintiff’s accident in this Labor Law 241(6), 200 and common law negligence action. Plaintiff slipped and fell on snow covered pipes near the entrance to the employer’s work site shanty. The Labor Law 241(6) cause of action predicated on a violation of 12 NYCRR 23-1,7(d) should not have dismissed because there is a question of fact whether the slip and fall occurred in a “walkway.” The Labor Law 241(6) cause of action predicated on a violation of 12 NYCRR 23-1.7(e)(1), which deals with “passageways” as opposed to “walkways,” was properly dismissed:

The Labor Law § 241(6) claim predicated on a violation of 12 NYCRR 23-1.7(d) should not have been dismissed because there was an issue of fact as to whether the accident occurred in a walkway. There were conflicting accounts of whether the pipes were located in a manner that impeded ingress and egress into the shanty. …

… .[I]n contrast to 12 NYCRR 23-1.7(d) which pertains to slipping hazards on a “floor, passageway, walkway, scaffold, platform or other elevated working surface,” 12 NYCRR 23-1.7(e)(1) is limited to passageways. A “passageway” is commonly defined and understood to be “a typically long narrow way connecting parts of a building” and synonyms include the words corridor or hallway … . In other words, it pertains to an interior or internal way of passage inside a building. Quigley v Port Auth. of N.Y. & N.J., 2018 NY Slip Op 08577, First Dept 12-13-18

 

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