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MESLIN v. NEW YORK POST

30 A.D.3d 309 (2006)

817 N.Y.S.2d 279

THOMAS J. MESLIN et al., Appellants, v. THE NEW YORK POST, Defendant, and McCLIER CORPORATION, Respondent. McCLIER CORPORATION et al., Third-Party Plaintiffs-Appellants, v. ARCHITECTURAL ROOFING AND SIDING, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendants. McCLIER CORPORATION et al., Second Third-Party Plaintiffs-Respondents, v. GOODISON METAL COMPANY et al., Second Third-Party Defendants-Appellants, et al., Second Third-Party Defendants. (And Another Action.)

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

June 27, 2006.

Plaintiff Thomas Meslin was allegedly injured at a construction site when he stepped off a scaffold, which was at ground level, onto a pipe, which then rolled and caused him to fall into a three-foot hole. Injuries sustained under these circumstances are not compensable under Labor Law § 240 (1), since the accident was not attributable to the kind of extraordinary elevation-related risk contemplated by the statute (see Nieves...

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