In Gory v. Neighborhood Hous. Dev. Fund Co. Inc., 113 AD3d 550, 979 N.Y.S.2d 314 (1st Dep't 2014), the trial court stated: ". . . the fact that the stairway on which plaintiff was working when he was injured was originally constructed as a permanent structure does not remove it from the reach of Labor Law Section 240(1). Not only had the stairway provided the sole means of access to the floors of the building during the demolition phase, but, in addition, it was an elevated surface on which plaintiff was required to work to complete his task of breaking up the marble pieces covering each step."