SCHMEER v. COUNTY OF MONROE


175 A.D.2d 633 (1991)

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

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1991


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...

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