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Schmeer v. County of Monroe

175 A.D.2d 633 Court N.Y. App. Div. Decision date 1991-07-12 English

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Craig M. Schmeer, Appellant, v County of Monroe et al., Respondents and Third-Party Plaintiffs-Respondents. John P. Bell & Sons, Inc., Third-Party Defendant-Respondent.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment to defendants dismissing plaintiff’s cause of action alleging a violation of Labor Law § 240 (1) because absolute liability under that section may be imposed only upon a showing that the injured worker fell from an elevated work surface or was struck by an object falling from a elevated work surface. Neither occurred here (see, Staples v Town of Amherst, 146 AD2d 292 , 293; Siragusa v State of New York, 117 AD2d 986 , lv denied 68 NY2d 602 ).

Supreme Court properly denied plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law § 241 (6) cause of action because, contrary to plaintiff’s argument, a violation of certain regulations or administrative rules adopted pursuant to the authorization of Labor Law § 241 (6), even if admitted by defendants, does not establish negligence as a matter of law but is "merely some evidence to

p. 634
be considered on the question of a defendant’s negligence and lacks the force and effect of a substantive legislative enactment” (Zimmer v Chemung County Performing Arts, 65 NY2d 513 , 522; see also, Long v Forest-Fehlhaber, 55 NY2d 154 , 160-161). Liability under Labor Law § 241 (6) is not self-executing but "require[s] reference to outside sources to determine the standard by which a defendant’s conduct must be measured” (Zimmer v Chemung County Performing Arts, supra, at 523 ). (Appeal from Order of Supreme Court, Monroe County, Affronti, J. — Summary Judgment.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.

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