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McCULLUM v. BARRINGTON CO. & 309 56TH ST. CO.

192 A.D.2d 489 (1993)

597 N.Y.S.2d 295

Terrence McCullum, Appellant, v. Barrington Company & 309 56th Street Company et al., Respondents and Third-Party Plaintiffs-Respondents. Westinghouse Elevator Co., Third-Party Defendant-Respondent

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

April 29, 1993

The plaintiff was allegedly injured because of a defect in an elevator that he was to repair. He has no cause of action under Labor Law § 240 (1) because his work did not involve "contemplated hazards related to the effects of gravity inherent in the particular task being performed" (Oden v Chemung County Indus. Dev. Agency, 183 A.D.2d 998, 999). Labor Law § 241 (6) is inapplicable because there was no showing that "a violation...

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