Daly v. City of New York — 254 A.D.2d 214

Majority

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William Daly, Appellant, v City of New York, Respondent and Third-Party Plaintiff-Respondent, et al., Defendant. Consolidated Edison Company of New York, Third-Party Defendant-Respondent.

[679 NYS2d 128]

Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered January 30, 1998, dismissing an action by a laborer to recover for personal injuries pursuant to Labor Law § 240 (1) and § 241 (6), upon the parties’ respective motions for summary judgment, unanimously affirmed, without costs.

The ceiling of the underground steam vault in which plaintiff, a utility company employee, was working at ground level, lubricating a slip joint in order to stop a leak in a steam main, was a completed structure, and its collapse and plaintiffs resultant injury was not due to an elevation-related hazard within the meaning of Labor Law § 240 (1) (see, Misseritti v Mark IV Constr. Co., 86 NY2d 487 ; Fox v Jenny Eng’g Corp., 122 AD2d 532 , affd on other grounds 70 NY2d 761 ; Amato v State of New York, 241 AD2d 400 , lv denied 91 NY2d 805 ). In support of his Labor Law § 241 (6) claim, plaintiff cites Industrial Code (12 NYCRR) § 23-1.7 (a), but he fails to present any evidence that the work he was engaged in was

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“normally exposed to falling material or objects” (12 NYCRR 23-1.7 [a] [1]), and the claim was therefore properly dismissed (see, Amato v State of New York, supra, at 401-402 ). Concur— Milonas, J. P., Ellerin, Wallach and Tom, JJ.

Cases cited

Misseritti v. Mark IV Construction Co. 86 NY2d 487 N.Y. 1995-10-31 p. 214
Fox v. Jenny Engineering Corp. 70 NY2d 761 N.Y. 1987-10-06 p. 214
Amato v. State 241 AD2d 400 N.Y. App. Div. 1997-07-24 p. 214

Statutes and regulations cited

Labor Law p. 214