Opinion
April 18, 2000.
Order, Supreme Court, New York County (Jane Solomon, J.), entered March 22, 1999, which, insofar as appealed from as limited by the briefs, denied plaintiffs' motion for partial summary judgment on the issue of defendants' liability under Labor Law § 240 LAB.(1), and granted defendants' cross motion for summary judgment dismissing the Labor Law § 240 Lab.(1) claim, unanimously affirmed, without costs.
Sharon Weintraub Dashow, for plaintiffs-appellants.
Richard A. Kubick, for defendants-respondents/third-party plaintiffs.
Steven L. Sonkin, for third-party defendant-respondent.
WILLIAMS, J.P., ELLERIN, LERNER, ANDRIAS, FRIEDMAN, JJ.
Plaintiff fell from a metal platform attached to the back of a work van while securing to a rack on the van's roof, the dismantled sections of a scaffold that had been used to clean the marquis of defendants' hotel. Such activity does not fall within the coverage of elevation risks covered by Labor Law § 240 LAB.(1) (see, Dilluvio v. City of New York, 264 A.D.2d 115, 118-119 2000 N.Y. App. Div. LEXIS 2205, *6-7; DePuy v. Sibley, Lindsay Curr Co., 225 A.D.2d 1069;cf., Gentile v. New York City Hous. Auth., 228 A.D.2d 296, lv dismissed 89 N.Y.2d 981).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.