Opinion
242 A.D.2d 951 662 N.Y.S.2d 887 Jeffrey ZDZINSKI, Appellant, v. NoRTH STAR CONSTRUCTION, INC., Respondent. 1997-07948 Supreme Court of New York, Fourth Department September 30, 1997.
Lo Tempios&sBrown, P.C. by Patrick Brown, Buffalo, for appellant.
Rodgers, Menards&sCoppola, LLP by Douglas Coppola, Buffalo, for respondent.
Before DENMAN, P.J., and GREEN, HAYES, BALIO and FALLON, JJ.
MEMORANDUM:
Plaintiff was demolishing a concrete fire wall on the ground floor or basement of a building by hitting the wall with a sledgehammer when a piece of concrete block that was part of the wall fell and struck his hand. Because the wall was at the same elevation as plaintiff's work site, Supreme Court properly granted that part of defendant's cross motion for summary judgment dismissing the Labor Law § 240(1) cause of action (see, Misseritti v. Mark IV Constr. Co., 86 N.Y.2d 487, 491, 634 N.Y.S.2d 35, 657 N.E.2d 1318, rearg. denied 87 N.Y.2d 969, 642 N.Y.S.2d 197, 664 N.E.2d 1260; Matter of Sabovic v. State of New York, 229 A.D.2d 586, 645 N.Y.S.2d 860; Klien v. County of Monroe, 219 A.D.2d 846, 632 N.Y.S.2d 343, lv. denied 87 N.Y.2d 804, 640 N.Y.S.2d 877, 663 N.E.2d 919).
The court also properly granted that part of the cross motion for summary judgment dismissing the Labor Law § 241(6) cause of action. The numerous sections of the Industrial Code alleged to have been violated either do not apply to the facts of this case (see, Klien v. County of Monroe, supra) or set forth general standards of care, which do not give rise to liability under section 241(6) (see, Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 505, 601 N.Y.S.2d 49, 618 N.E.2d 82).
Order unanimously affirmed without costs.