Opinion
April 20, 1999
Appeal from the Supreme Court, New York County (Elliott Wilk, J.).
Plaintiff, who was injured by a light fixture that fell from the ceiling while he was engaged in the demolition of the basement level of a building, was properly denied summary judgment under Labor Law § 240 (1) on the ground that there are questions of fact as to whether the accident was the result of an elevation-related hazard as contemplated by that statute, i.e., "a difference between the elevation level of the required work and a lower level or a difference between the elevation level where the worker is positioned and the higher level of the materials or load being hoisted or secured" ( Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 514).
Concur — Ellerin, P. J., Rosenberger, Andrias, Saxe and Friedman, JJ.