LOPEZ v. CITY OF NEW YORK TRANSIT AUTHORITY


21 A.D.3d 259 (2005)

799 N.Y.S.2d 495

DAVID LOPEZ et al., Appellants, v. CITY OF NEW YORK TRANSIT AUTHORITY et al., Respondents.

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

August 4, 2005.


Plaintiff David Lopez, a journeyman electrician, was injured at a job site when, with both feet on the ground and while in the process of closing an extension ladder, he slipped on debris around the bottom of the ladder, and his right hand fell between the closing half and the stationary part of the ladder, crushing his wrist. The motion court correctly dismissed the Labor Law § 240 (1) claims. Since the injury did not result from an elevation-related risk, the statute...

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