Summary
In Bomova v. KMK Realty Corp. (255 A.D.2d 351), the plaintiff was in the process of moving a ladder when the top half of the ladder collapsed onto his arm.
Summary of this case from Jiron v. China Buddhist Association [2d Dept 1999Opinion
November 9, 1998
Appeal from the Supreme Court, Kings County (Shaw, J.).
Ordered that the judgment is affirmed, with costs.
The trial court properly granted the defendants' motion made at the close of the plaintiffs' case to dismiss the complaint on the ground that the accident was not covered by Labor Law § 240 Lab (1). The injury sustained by the plaintiff Fatmir Bomova did not result from an elevation-related hazard such as falling from a height or being struck by a falling object that was improperly hoisted or secured ( see, Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501; Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 514; White v. Dorose Holding, 216 A.D.2d 290). Since the plaintiff's injuries did not result from the kind of risk that brought about the need for a protective device in the first instance, recovery cannot be based upon Labor Law § 240 Lab. (1) ( see, Melber v. 6333 Main St., 91 N.Y.2d 759; Sutfin v. Ithaca Coll., 240 A.D.2d 989, 990).
The plaintiffs' remaining contentions are without merit.
Bracken, J. P., Pizzuto, Friedmann and Luciano, JJ., concur.