Opinion
June 18, 1999
Appeal from Order of Supreme Court, Erie County, Cosgrove, J. — Summary Judgment.
PRESENT: DENMAN, P. J., PINE, WISNER, HURLBUTT AND CALLAHAN, JJ.
Order unanimously affirmed without costs. Memorandum: Plaintiff seeks to recover damages for injuries he sustained when the rear gate of a dump truck gave way and released 10 tons of stone onto him. Supreme Court properly granted the motion of third-party defendant for summary judgment dismissing the complaint and denied plaintiff's cross motion for partial summary judgment on liability under Labor Law § 240 Lab. (1) and § 241 Lab. (6). We reject plaintiff's contention that the accident involved an elevation-related hazard covered by Labor Law § 240 Lab. (1) (see, Tillman v. Triou's Custom Homes, 253 A.D.2d 254 [decided Mar. 19, 1999]; Phelan v. State of New York, 238 A.D.2d 882, lv denied 90 N.Y.2d 812; Flihan v. Cornell Univ., 237 A.D.2d 921; cf., Orr v. Christa Constr., 206 A.D.2d 881). We also reject plaintiff's contention that 12 NYCRR 23-1.5 (c) is specific enough to support the Labor Law § 241 Lab. (6) claim (see, Ozzimo v. H.E.S., Inc., 249 A.D.2d 912; Dann v. City of Syracuse, 231 A.D.2d 855; Williams v. White Haven Mem. Park, 227 A.D.2d 923; contra, Gonzalez v. United Parcel Serv., 249 A.D.2d 210 ; McCormack v. Helmsley-Spear, Inc., 233 A.D.2d 203).