Opinion
November 13, 1998
Appeals from the Supreme Court, Erie County, Gorski, J. — Summary Judgment.
Present — Pine, J. P., Hayes, Callahan, Balio and Boehm, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Henry Bailey (plaintiff) was injured while working at a construction site when he was struck by a ladder that was blown over by a gust of wind. Because one end of the ladder had been at ground level and plaintiff was walking at ground level, the ladder did not constitute a falling object nor did plaintiff's work involve an elevation-related risk encompassed by Labor Law § 240 (1) ( see, Melo v. Consolidated Edison Co., 92 N.Y.2d 909; Misseritti v. Mark IV Constr. Co., 86 N.Y.2d 487, 491, rearg denied 87 N.Y.2d 969; Corsaro v. Mt. Calvary Cemetery, 214 A.D.2d 950). Thus, we modify the order by' denying plaintiffs' motion for partial summary judgment on the Labor Law § 240 (1) claim and by granting the cross motion of defendant Buffalo Hotel Supply Co., Inc. for summary judgment dismissing that claim against it.