Opinion
2000-08737
Argued November 1, 2001.
November 26, 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 (Weiss, J.), dated August 4, 2000, as granted that branch of the defendant's motion which was for summary judgment dismissing the cause of action pursuant to Labor Law § 240(1), and denied their cross motion for summary judgment on the issue of liability on that cause of action.
David P. Kownacki, P.C., New York, N.Y., for appellants.
Fiedelman McGaw, Jericho, N.Y. (Ross P. Masler of counsel), for defendant third-party plaintiff-respondent.
Robin, Schepp, Yuhas, Doman Harris (Mauro Goldberg Lilling, LLP, Great Neck, N.Y. [Christopher Simone] of counsel), for third-party defendant-respondent.
Before: SONDRA MILLER, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
Contrary to the plaintiffs' contention, the Supreme Court properly dismissed their cause of action based on Labor Law § 240(1). The metal steps from which the injured plaintiff fell were a "normal appurtenance to the [subway tunnel] and [were] not designed as a safety device to protect him from an elevation-related risk" (Norton v. Park Plaza Owners Corp., 263 A.D.2d 531; see, Karnavogel v. Tops Appliance City, 271 A.D.2d 409; Barrett v. Ellenville Natl. Bank, 255 A.D.2d 473; see generally, Melber v. 6333 Main St., 91 N.Y.2d 759).
S. MILLER, J.P., LUCIANO, SCHMIDT and SMITH, JJ., concur.