Opinion
(1641) CA 01-01631
December 21, 2001.
(Appeal from Order of Supreme Court, Onondaga County, Nicholson, J. — Summary Judgment.)
PRESENT: HAYES, J.P., SCUDDER, BURNS, GORSKI AND LAWTON, JJ.
Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted that part of third-party defendant's cross motion seeking summary judgment dismissing the Labor Law § 240 (1) claim. Plaintiff Dean Russell, a subcontractor, tripped over an electrical cord while working on stilts and, in doing so, "did not encounter a hazard contemplated by the statute" ( Melber v. 6333 Main St., 91 N.Y.2d 759, 761).