264 A.D.2d 115 (2000)

704 N.Y.S.2d 550

FRANCISCO DILLUVIO et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

March 2, 2000.

Attorney(s) appearing for the Case

Alexander J. Wulwick of counsel, New York City (Roura & Melamed, attorneys), for appellants.

Joseph F.X. Savona of counsel, New York City (William T. Ryan and Robin Mary Heaney on the brief; Savona & Scully, attorneys), for respondent.

SULLIVAN, P. J. and WALLACH, J., concur with FRIEDMAN, J.; RUBIN and SAXE, JJ., dissent in a separate opinion by SAXE, J.



The central question presented by this appeal is whether plaintiff,* who fell from the back of a pickup truck while he was being driven to a location where he would place cones on a roadway to block traffic, is entitled to the protection of Labor Law § 240 (1). As plaintiff was not subject to any exceptionally dangerous condition related to being on an elevated work site, he was not exposed...

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