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PAPAPIETRO v. ROCK-TIME, INC.

265 A.D.2d 174 (1999)

695 N.Y.S.2d 568

EUGENE PAPAPIETRO, Appellant, v. ROCK-TIME, INC., et al., Respondents. ROCKEFELLER CENTER NORTH, INC., et al., Third-Party Plaintiffs-Respondents, v. SCHINDLER ELEVATOR CORPORATION et al., Third-Party Defendants-Respondents.

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

Decided October 7, 1999.

Plaintiff fell while stepping several feet down from the "crosshead" beam atop the roof of an elevator, to the top of a machine located on the elevator roof. Accepting, arguendo, plaintiff's argument that the crosshead functioned as a scaffold above the surface of the roof, this would not constitute the type of gravity-related accident covered by Labor Law § 240 (1) (see, Nieves v Five Boro Air Conditioning & Refrig. Corp., 93 N.Y.2d 914<...

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