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BRINK v. YESHIVA UNIVERSITY

259 A.D.2d 265 (1999)

686 N.Y.S.2d 15

BRIAN BRINK et al., Appellants, v. YESHIVA UNIVERSITY, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. SUNSTREAM CORPORATION, Third-Party Defendant-Appellant.

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

Decided March 2, 1999.

Plaintiff Brian Brink was working at floor level when an interior chimney, also at floor level, collapsed on him during its demolition. Because both the chimney and Brink were at the same level at the time of the collapse the incident was not sufficiently attributable to elevation differentials to warrant imposition of liability pursuant to Labor Law § 240 (1) (see, Misseritti v Mark IV Constr. Co., 86 N.Y.2d 487, 490-491; ...

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