Cumberland v. Hines Interests Ltd. Partnership

—Order, Supreme Court, New York County (Paul G. Feinman, J.), entered June 29, 2011, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing plaintiffs Labor Law § 241 (6) claim, unanimously modified, on the law, the motion denied with respect to the claim based on an alleged violation of Industrial Code (12 NYCRR) § 23-1.7 (e) (1), and otherwise affirmed, without costs.

Contrary to the motion court’s conclusion, plaintiffs deposi*466tion testimony raised an issue of fact as to whether he fell in a “passageway” or an open work area…