GOLD v. NAB CONSTRUCTION CORPORATION


288 A.D.2d 434 (2001)

733 N.Y.S.2d 681

GREGORY GOLD et al., Appellants, v. NAB CONSTRUCTION CORPORATION, Defendant and Third-Party Plaintiff-Respondent. SHELDON ELECTRIC COMPANY, INC., Third-Party Defendant-Respondent.

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

Decided November 26, 2001.


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

Contrary to the plaintiffs' contention, the Supreme Court properly dismissed their cause of action based on Labor Law § 240 (1). The metal steps from which the injured plaintiff fell were a "normal appurtenance to the [subway tunnel] and [were] not designed as a safety device to protect him from an elevation-related risk" (Norton...

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