DACCHILLE v. METROPOLITAN LIFE INSURANCE CO

The motion court properly dismissed plaintiffs' Labor Law § 241 Lab. (6) cause of action predicated upon violations of 12 NYCRR 23-1.7 (e) and 23-2.1 (a). Plaintiff sustained injuries when he "smashed against" some boxes while attempting to load onto a dolly, a 200-pound reel of cable wire that he had retrieved from within a wire mesh storage area known as "the cage". We agree with the IAS Court that this storage area does not constitute a "passageway" within the meaning of 12 NYCRR 23-1.7 (e)(1) ( see, Mendoza v. Marche Libre Assocs., 256 A.D.2d 133), or a "working area" within the meaning of 12 NYCRR 23-1.7(e) (2) ( compare, Lenard v. 1251 Ams. Assocs., 241 A.D.2d 391, appeal withdrawn 90 N.Y.2d 937). Nor have plaintiffs established, under the facts of this case, a violation of 12 NYCRR 23-2.1(a).

We have considered plaintiffs' remaining contentions and find them to be unavailing.

Concur — Sullivan, J.P., Rosenberger, Tom and Mazzarelli, JJ.