Practice point: For purposes of a § 241(6) claim based on an accident on a loading dock, plaintiff’s reliance on an alleged violation of 12 NYCRR 23-2.1[a][1] is unavailing inasmuch as it specifically refers to a "passageway, walkway, stairway, or other thoroughfare."
Practitioners should note that a freight elevator is not a "material hoist" within the meaning of the Industrial Code at 12 NYCRR 23-6.1(d), 6.3(e)(3); 23-1.4[33].
Case: Barrios v. Boston Props. LLC, NY Slip Op 07579 (1st Dept. 2008)
The opinion is here.
