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FIELDING v. ENVTL. RES. MGMT. GROUP

253 A.D.2d 713 (1998)

678 N.Y.S.2d 253

Peter Fielding et al., Appellants, v. Environmental Resources Management Group et al., Respondents. Wantagh Avenue Cleaners, Third-Party Plaintiff, v. Aquifer Drilling and Testing, Inc., Third-Party Defendant-Respondent

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

September 29, 1998

Plaintiff, who was allegedly injured while taking soil samples, has no cause of action under Labor Law § 240 (1) because elevation was not a factor in his injury (Rocovich v Consolidated Edison Co., 78 N.Y.2d 509). Nor is Labor Law § 241 (6) applicable because plaintiff was not involved in excavation as defined by 12 NYCRR 23-1.4 (b) (19). Finally, there is no merit to plaintiff's argument that the IAS Court erred in entertaining...

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