Opinion
2000-09428
Argued October 30, 2001.
December 3, 2001.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Berke, J.), dated June 12, 2000, as granted that branch of the defendant's motion which was for summary judgment dismissing their cause of action under Labor Law § 240(1).
Joachim, Flanzig, Frommer, Flanzig Cerrato, Mineola, N.Y. (Stephen G. Frommer of counsel), for appellants.
Murphy Higgins, LLP, New York, N.Y. (Toby Alan Weil of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, SANDRA L. TOWNES, A. GAIL PRUDENTI, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiffs' contentions, the Supreme Court properly dismissed their Labor Law § 240(1) cause of action because the injured plaintiff's fall from a ladder was not one of the special risks contemplated by the statute, but rather, a usual or ordinary danger of his particular trade (see, Rodriguez v. Tietz Ctr. for Nursing Care, 84 N.Y.2d 841), and the accident was not the result of the absence or inadequacy of any of the safety devices enumerated in the statute (see, Narducci v. Manhasset Bay Assocs., 96 N.Y.2d 259).
RITTER, J.P., FEUERSTEIN, TOWNES and PRUDENTI, JJ., concur.