DIAS v. STAHL


256 A.D.2d 235 (1998)

682 N.Y.S.2d 383

VICTOR DIAS, Respondent, v. STANLEY STAHL, Individually and Doing Business as STAHL REALTY ESTATE CO., et al., Respondents, et al., Defendants. STANLEY STAHL, CO., Individually and Doing Business as STAHL REALTY ESTATE et al., Third-Party Plaintiffs-Respondents, v. AVANTI DEMOLITION & CARTING CORP., Third-Party Defendant-Appellant. (And a Second Third-Party Action.) CAULDWELL-WINGATE CO., INC., Third Third-Party Plaintiff-Respondent, et al., Third Third-Party Defendant.

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

Decided December 29, 1998.


We find that plaintiff's injury was not the result of an elevation-related risk within the purview of the absolute liability provision of Labor Law § 240 (1), but rather the result of a typical construction site hazard. Plaintiff was injured while working at a ground-level demolition site when an integral part of the structure, a section of air conditioning duct work suspended from an approximately 10-foot-high ceiling by metal support straps, fell on him. Under such...

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