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CARROLL v. TIMKO CONTRACTING CORP.

264 A.D.2d 706 (1999)

694 N.Y.S.2d 744

MICHAEL CARROLL et al., Appellants, v. TIMKO CONTRACTING CORP., Defendant and Third-Party Plaintiff-Respondent. DAK ELECTRIC CONTRACTING CORP., Third-Party Defendant-Respondent.

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

Decided September 13, 1999.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

While the injured plaintiff was standing on level ground, hoisting a reel of wire up two steps onto a platform, a pipe slipped out of his hands and he fell. The instant accident does not come within the scope of hazards covered by Labor Law § 240 (1) (see, Melber v 6333 Main St., 91 N.Y.2d 759; Rocovich v Consolidated Edison Co.,...

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