Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained when he slipped and fell while employed by third-party defendant on premises owned by defendant. Plaintiff fell while walking from the construction site to a job trailer located outside a nearby building. Plaintiff was walking close to that building to avoid the wind, and he slipped and fell on snow-covered ice under an awning protecting a doorway from the run-off of water from the gutterless roof.
Supreme Court properly denied that part of defendant's motion seeking summary judgment dismissing the common-law negligence cause of action. The "presence of ice below the gutterless roof raises a question of fact as to causation and [the owner's] responsibility * * * for defects on the premises over which he retains control" ( El Shammaa v. Parent, 237 A.D.2d 684, 685; see also, Loguidice v. Fiorito, 254 A.D.2d 714; Migli v. Davenport, 249 A.D.2d 932).
The court properly granted that part of defendant's motion seeking summary judgment dismissing the Labor Law § 241 Lab. (6) claim and third-party defendant's cross motion for the same relief. The Labor Law § 241 Lab. (6) claim is premised upon an alleged violation of 12 NYCRR 23-1.7 (d) and (e). Because the accident occurred in an open area and not on a defined walkway, passageway or path, section 23-1.7 (d) does not apply ( see, Hill v. Corning Inc., 237 A.D.2d 881, 882, lv dismissed in part and denied in part 90 N.Y.2d 884; McGrath v. Lake Tree Vil. Assocs., 216 A.D.2d 877, 878). Section 23-1.7 (e) also does not apply because plaintiff slipped on ice and did not trip as the result of an obstruction such as dirt or debris within the meaning of subdivision (e) ( cf., Cafarella v. Harrison Radiator Div., 237 A.D.2d 936).
Present — Green, J. P., Wisner, Hayes, Balio and Fallon, JJ.