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SERVISS v. LONG ISLAND LIGHTING CO.

226 A.D.2d 442 (1996)

640 N.Y.S.2d 590

Joseph Serviss, Appellant, v. Long Island Lighting Company, Respondent

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

April 8, 1996

Ordered that the judgment is affirmed insofar as appealed from, with costs.

At the time of the accident in which the plaintiff was injured, he was engaged by the defendant's contractor in the task of pruning the branches of a tree so as to prevent interference with the defendant's power lines. The plaintiff's claim must fail since a tree is not a "structure" within the meaning of Labor Law § 240 (1) (see,

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