Opinion
February 3, 1995
Appeal from the Supreme Court, Onondaga County, Pooler, J.
Present — Pine, J.P., Fallon, Wesley, Callahan and Davis, JJ.
Order insofar as appealed from unanimously reversed on the law without costs and motion granted. Memorandum: Plaintiff was injured when a wall he was demolishing collapsed, causing the scaffold upon which he was standing to fall. Supreme Court erred in denying plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) cause of action. The accident was "gravity-related" because plaintiff "[fell] from a height" (Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501; cf., Hunter v. BTC Block 17/18, 210 A.D.2d 968; Misseritti v. Mark IV Constr. Co., 209 A.D.2d 931).