Whalen v. City of New York

In Whalen v. City of New York (270 AD2d 340 [2d Dept 2000]) the plaintiff fell down a staircase on the way to a work site. The Court held the staircase to be a "floor, passageway, walkway, scaffold, platform or other elevated working surface" within the regulation (id. at 342). The Court further stated, "responsibility ... extends not only to where the ... work was actually being conducted, but to the entire site, including passageways utilized in the provision and storage of tools, in order to insure the safety of laborers going to and from the points of actual work" (id. at 342.)