Opinion
Argued November 21, 2000.
December 19, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Scarpino, J.), entered November 22, 1999, as granted those branches of the motion of the defendant third-party plaintiff which were for summary judgment dismissing his causes of action to recover damages for violations of Labor Law §§ 240(1) and 241(6).
Joseph A. Romano, Yonkers, N.Y., for appellant.
Killarney Salmon, New York, N.Y. (Joseph J. Rava of counsel), for defendant third-party plaintiff-respondent.
James P. O'Connor (Anthony J. Benedict, Pearl River, N.Y., of counsel), for third-party defendant-respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
The accident in question did not involve an elevation-related hazard (see, Rodriguez v. Tietz Ctr. for Nursing Care, 84 N.Y.2d 841; Carroll v. Timko Contr. Corp., 264 A.D.2d 706; Sutfin v. Ithaca Coll., 240 A.D.2d 989). Nor did the accident involve a violation of specific safety standards in the New York State Industrial Code (see, Ross Curtis Palmer Hydro-Elec. Co., 81 N.Y.2d 494; Hawkins v. City of New York, 275 A.D.2d 634; [1st Dept., Sept. 21, 2000]; Smith v. Homart Dev. Co., 237 A.D.2d 77). Accordingly, the Supreme Court properly granted summary judgment dismissing the causes of action based on Labor Law §§ 240(1) and 241(6).