Higgins v. E. I. du Pont de Nemours Co.

— Order unanimously affirmed with costs. Memorandum: Defendants contend that Supreme Court erred in denying their motion to dismiss plaintiffs Labor Law § 241 (6) claim because his injuries did not occur in an area where construction work was being performed. Plaintiff was injured when he fell down a set of stairs at his employer’s construction trailer, which was located within approximately 20 to 30 feet of the building under construction. At the time of the accident, plaintiff was returning to the building after retrieving additional sheeting screws that were stored in the trailer. Because…