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PORAZZO v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, Second Department.
Apr 17, 2007
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Ordered that the order is affirmed insofar as appealed from, with costs.

In response to the defendants' prima facie demonstration of their entitlement to judgment as a matter of law, the plaintiffs failed to submit evidence sufficient to raise a triable issue of fact. Contrary to the plaintiffs' contention, the open, ground level of the work site where the injured plaintiff fell did not constitute a passageway, walkway, or other elevated working surface contemplated by 12 NYCRR 23-1.7 (d) ( see Roberts v Worth Constr., Inc., 21 AD3d 1074, 1077; Morra v White, 276 AD2d 536; Lawyer v Hoffman, 275 AD2d 541, 542; Constantino v Kreisler Borg Florman Gen. Constr. Co., 272 AD2d 361).

The appellants' remaining contention is without merit.