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D'ANTONIO v. 1251 AMERICAS ASSOCIATES

284 A.D.2d 204 (2001)

726 N.Y.S.2d 647

MICHAEL D'ANTONIO et al., Appellants, v. 1251 AMERICAS ASSOCIATES et al., Respondents. 1251 AMERICAS ASSOCIATES, L.P., et al., Third-Party Plaintiffs-Respondents, v. SHIMIZU AMERICA CORPORATION et al., Third-Party Defendants-Respondents. (And a Fourth-Party Action.)

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

Decided June 19, 2001.

Plaintiff was injured when he fell while installing anchors or hooks into a wall. The area where the anchors or hooks were to be placed was only six feet from the floor, one-half to one inch above plaintiff's head. It is uncontested that plaintiff did not need the elevation provided by the ramp/platform to perform his task. Under these circumstances, the motion court properly dismissed plaintiff's Labor Law § 240 (1) claim...

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