According to the evidence offered by plaintiff Joseph Lenard in opposition to defendants' motion for summary judgment, on January 5, 1988, he reported to work at a construction site on the 41st floor of an office building. The floor was clean, swept, and vacant and there were wall partitions leaning against the walls.

The foreman instructed plaintiff to move some rolled-up carpeting and unhung doors across an open area which measured about 50 feet by 50 feet. As he crossed the room, plaintiff tripped on a door stop which was affixed to the concrete floor. Nothing else in the area was affixed to the floor, and there were no door frames, doors, entrances or offices in the area. He did not see the door stop before he tripped but later observed that it was half moon shaped, raised about three-quarters of an inch to an inch and one-half above the floor, secured to the floor and the same color as the concrete.

Labor Law § 241 (6) provides, in pertiment part, that pertinent part, that all areas where construction is being performed should provide reasonable and adequate protection and safety to persons employed in or frequenting such areas. To prevail on a cause of action under section 241 (6), however, a plaintiff must establish a violation of a specific safety regulation promulgated by the Commissioner of the Department of Labor ( see, Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 505; Kulis v. Xerox Corp., 231 A.D.2d 922).

The regulation which plaintiff claims was violated in this matter is 12 NYCRR 23-1.7 (e), which provides:

"Tripping and other hazards.

Passageways. All passageways shall be kept free from accumulations of dirt and debris and from any other obstructions nor conditions which could cause tripping. Sharp projections which could cut or puncture any person shall be removed or covered.

"Working areas. The parts of floors, platforms and similar areas where persons work or pass shall be kept free from accumulations of dirt and debris and from scattered tools and materials and from sharp projections insofar as may be consistent with the work being performed."

Here, the motion court correctly held that plaintiffs do not have a cause of action based on a violation of 12 NYCRR 23-1.7 (e) (1), because plaintiff fell and was injured in an open area rather than in a "passageway" ( see, Kulis v. Xerox Corp., supra; see also, Stairs v. State St. Assocs., 206 A.D.2d 817).

However, we find that the motion court erred in dismissing plaintiffs claim pursuant to paragraph (2) of 12 NYCRR 23-1.7 (e).

While the defendants and third-party defendants place reliance on the fact that liability will not be imposed where the item causing the injury was an integral part of the floor being constructed, an integral part of the work being performed, or itself constituted a protective device ( see, Sharrow v. Dick Corp., 233 A.D.2d 858; Kulis v. Xerox Corp., supra; Adams v. Glass Fab, 212 A.D.2d 972), this reliance is misplaced in this matter because the floor itself was not under construction, the door stop did not constitute an integral part of the work being performed, and the door stop cannot be deemed a protective device.

Moreover, we find that the door stop, as described in plaintiffs unrefuted testimony, constitutes both "debris" and a "sharp projection" within the meaning of this paragraph ( see, McAndrew v. Tennessee Gas Pipeline Co., 216 A.D.2d 876; Baird v. Lydall, Inc., Manning Div., 210 A.D.2d 577, 578-579).

First, while defendants suggest that we should limit the definition of "sharp projection" to projections which are capable of cutting or puncturing, such a definition would be inordinately narrow in this context. "It is an elementary rule of statutory construction that when a definite provision is made with reference to one particular subdivision of a section of the law dealing with the identical subject matter as the other subdivisions thereof, and a similar reference is omitted from the other subdivisions thereof as well as from all of the rest of the section, the particular reference is intended to apply solely to the subdivision in which it is contained and to exclude its application from all of the rest." ( Cannon v. Towner, 188 Misc. 955, 965; see also, McKinney's Cons Laws of NY, Book 1, Statutes § 254.) Here, since the paragraph immediately preceding the one at issue specifically limited the "[s]harp projections" to which it applied to those "which could cut or puncture any person" and since the "sharp projections" to which the paragraph involved herein applies were not so limited, we must interpret the term as found in the latter paragraph more broadly. Thus, it is apparent that the appropriate definition in the latter paragraph would include any projection that is "sharp" in the sense that it is clearly defined or distinct. The door stop that allegedly caused plaintiff to fall clearly comes within this definition, as it was not a gradual change in the level of the floor but was, instead, a distinct object jutting out from the rest of the floor's surface.

In any case, the door stop, which was apparently left on the floor when the former partition walls and doors were dismantled, also clearly constitutes "debris". Additionally, the fact that it was the same color as the floor and firmly fixed to the floor made it even more of a tripping hazard than loose dirt, which is also covered by the subject regulation, as it was both difficult to see and more likely to cause someone to trip. Finally, we find that the motion court correctly dismissed plaintiffs Labor Law § 200 and negligence causes of action, there being no evidence that defendant owners or the general contractor exercised supervisory control over the worksite ( Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d, supra, at 505-506).

Concur — Rosenberger, J. P., Ellerin and Rubin, JJ.