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ANTONIK v. NEW YORK CITY HOUS. AUTH.

235 A.D.2d 248 (1997)

652 N.Y.S.2d 33

Janina Antonik et al., Appellants, v. New York City Housing Authority et al., Respondents New York City Housing Authority, Third-Party Plaintiff-Respondent, v. Lift Construction Corp., Third-Party Defendant-Respondent. (And a Second and Third Third-Party Action.)

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

January 14, 1997

Plaintiffs' decedent, an experienced worker, fell down an elevator shaft while using the active elevator to transport construction materials. Labor Law § 241-a is inapplicable under these circumstances. With respect to plaintiffs' cause of action under Labor Law § 240 (1), even accepting the plaintiff's theory of the case, the decedent's attempt to exit the stalled elevator was an intervening act constituting a superseding cause of the accident. The decedent was...

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