Missico v. Tops Markets, Inc

In Missico v. Tops Markets, Inc., 305 AD2d 1052, 758 NYS2d 890 (4th Dept 2003), in which a worker fell while pushing a wheelbarrow with debris up a ramp to a dumpster, the Fourth Department held that Labor Law section 240(1) applied because the ramp was a tool used in the performance of the plaintiff's work and not merely as a passageway from one place of work to another.