Morra v. White

• Decision Date: 10 October 2000
• Citation: Morra v. White, 276 AD2d 536, 714 N.Y.S.2d 510 (N.Y. App. Div. 2000)
• Parties: VICTOR MORRA, Appellant,<BR>v.<BR>MERGANTINE WHITE, Respondent. (And a Third-Party Action.)
• Court: New York Supreme Court — Appellate Division

276 A.D.2d 536

714 N.Y.S.2d 510

VICTOR MORRA, Appellant,

v.MERGANTINE WHITE, Respondent. (And a Third-Party Action.)

Decided October 10, 2000.

Bracken, J.P., Thompson, S. Miller and Florio, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, Victor Morra, was allegedly injured when he slipped and fell on snow and ice at a construction site managed by the defendant, Mergantine White (hereinafter Mergantine). At the time of the accident the plaintiff was walking across an open lot to perform his duties taking water readings. As the plaintiff was not engaged in the construction project, he is not within the class of persons entitled to protection under Labor Law § 241 (6) (see, Jock v Fien, 80 NY2d 965; Shields v St. Marks Hous. Assocs., 230 AD2d 903; Koch v E.C.H. Holding Corp., 248 AD2d 510, 512).

Moreover, the Industrial Code regulations relied upon by the plaintiff, specifically, 12 NYCRR 23-1.33 (d) (1); 23-1.7 (d) and (e), are inapplicable to this case where the plaintiff slipped in an open area of the construction site, and not within a defined walkway or passageway (see, Constantino v Kreisler Borg Florman Gen. Constr. Co., 272 AD2d 361; Motyka v Ogden Martin Sys., 272 AD2d 980; Bauer v Niagara Mohawk Power Corp., 249 AD2d 948).