Opinion
February 4, 1994
Appeal from the Supreme Court, Erie County, Glownia, J.
Present — Denman, P.J., Green, Balio, Lawton and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: Plaintiff, a construction worker, was injured when he was struck by steel beams that had been stacked at the work site. Supreme Court properly denied plaintiff's motion for partial summary judgment and granted defendants' cross motion for partial summary judgment dismissing plaintiff's Labor Law § 240 (1) causes of action. Plaintiff's injuries did not result from any elevation-related hazard (see, Smith v. New York State Elec. Gas Corp., 82 N.Y.2d 781; Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494; Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509). Rather, because the beams were "at the same level as the work site, plaintiff's injury was the result of `"a myriad of common every day work activities not involving heights"'" (Maracle v. DiFranco, 197 A.D.2d 877, 878, quoting Staples v. Town of Amherst, 146 A.D.2d 292, 300).