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SAJID v. TRIBECA NORTH ASSOCIATES

20 A.D.3d 301 (2005)

799 N.Y.S.2d 33

GULZAR SAJID, Appellant, v. TRIBECA NORTH ASSOCIATES L.P., et al., Respondents, et al., Defendant. TRIBECA NORTH ASSOCIATES L.P., et al., Third-Party Plaintiffs, v. FARATONE INTERNATIONAL TRADING & CONTRACTING et al., Third-Party Defendants-Respondents.

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

July 7, 2005.

While working at a building undergoing renovation, plaintiff suffered a crush injury to his finger as he and two coworkers lost control of a hoist counterweight they were attempting to lift and dismantle. The Labor Law § 240 (1) cause of action was properly dismissed because the counterweight was at waist level and fell only eight inches onto plaintiff's finger. The counterweight was not elevated above the work site, nor did plaintiff's activities involve the extraordinary...

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