The statute imposes on owners and contractors a nondelegable duty of reasonable care to
provide reasonable and adequate protection and safety to persons
employed in, or lawfully frequenting, all areas in which there is construction,
excavation or demolition work. Courts have generally held that the statutory scope is governed by 12 NYCRR 23-1.4(b)(13), which defines construction
work expansively, as "[a]ll work of the types performed in the construction, erection,
alteration, repair, maintenance, painting or moving of buildings or
other structures."
De Jesus v. Metro-N. Commuter R.R., NY Slip Op 02150 (2d Dep't March 28, 2018)
Here is the decision.
