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CAPPARELLI, JR. v. ZAUSMER FRISCH ASSOCIATES, INC.

256 A.D.2d 1141 (1998)

682 N.Y.S.2d 751

LOUIS A. CAPPARELLI, JR., et al., Appellants-Respondents, v. ZAUSMER FRISCH ASSOCIATES, INC., et al., Respondents. ZAUSMER FRISCH CONSTRUCTION CO., INC., Third-Party Plaintiff, v. BURNS ELECTRIC CO., INC., Third-Party Defendant-Respondent-Appellant. COUNCIL HOUSE REALTY CORPORATION, Third-Party Plaintiff-Respondent, v. BURNS ELECTRIC CO., INC., Third-Party Defendant-Respondent-Appellant.

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

Decided December 31, 1998.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Because the alleged injury of plaintiff Louis A. Capparelli, Jr. was the result of his exposure "to the usual and ordinary dangers of a construction site, and not the extraordinary elevation risks envisioned by Labor Law § 240 (1)" (Rodriguez v Tietz Ctr. for Nursing Care, 84 N.Y.2d 841, 843), dismissal of...

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