Summary
In Capparelli, the worker was installing fluorescent light fixtures into a dropped ceiling grid as part of a renovation.
Summary of this case from Castro v. JK USA Group, Inc.Opinion
December 31, 1998
Appeals from Order of Supreme Court, Onondaga County, Elliott, J. — Summary Judgment.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Because the alleged injury of plaintiff Louis A. Capparelli, Jr. was the result of his exposure "to the usual and ordinary dangers of a construction site, and not the extraordinary elevation risks envisioned by Labor Law § 240 Lab. (1)" ( Rodriguez v. Tietz Ctr. for Nursing Care, 84 N.Y.2d 841, 843), dismissal of the Labor Law § 240 Lab. (1) cause of action is warranted. Thus, we modify the order by granting the motion of third-party defendant for partial summary judgment and dismissing that cause of action.
Present — Denman, P. J., Hayes, Balio, Boehm and Fallon, JJ.