First Department Limits "Integral and Necessary" Test to Single Industrial Code Provision Under Labor Law 241(6)

In Singh v. 1221 Avenue Holdings, LLC, the plaintiff tripped over a screw protruding from a raised computer floor.  In affirming so much of plaintiff's Labor Law 241(6) claim as was predicated on an alleged violation of Industrial Code 23-1.7(e)(2), which pertains to alleged "tripping" hazards in "working areas" caused by "materials" or "sharp projections," the First Department found that the screw was "integral and necessary" to the raised tile floor.  In reinstating so much of plaintiff's Labor Law 241(6) claim as was predicated on an alleged violation of Industrial Code 23-1.7(e)(1), which pertains to alleged "tripping" hazards in "passageways" caused by "obstructions," the First Department expressly limited the "integral and necessary" test to 23-1.7(e)(2).  The Court did not provide a detailed analysis as to why it reached this conclusion, but instead it simply cited to its earlier decision in Thomas v. Goldman Sachs Headquarters, LLC,, 109 AD3d 421 (1st Dept. 2013).