Messina v. City of New York

In Messina v. City of New York, 300 AD2d 121 (1st Dept. 2002), it was stated (p. 123): "Reading the regulation as a whole, it is clear that it was not intended to apply to the type of opening involved in this case. As its heading reflects, 12 NYCRR 23-1.7(b) establishes rules for protections against 'falling hazards.' The safety measures required - planking installed below the opening, safety nets, harnesses and guard rails - all bespeak of protections against falls from an elevated area to a lower area through openings large enough for a person to fit."