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KEAVEY v. NEW YORK STATE DORMITORY AUTHORITY

6 N.Y.3d 859 (2006)

849 N.E.2d 945

816 N.Y.S.2d 722

BRENDAN B. KEAVEY, Appellant, v. NEW YORK STATE DORMITORY AUTHORITY, Respondent.

Court of Appeals of the State of New York.

Decided May 2, 2006.

Attorney(s) appearing for the Case

Collins & Maxwell, Buffalo (Alan D. Voos of counsel), for appellant.

Rodgers & Coppola, LLP, Buffalo (Patricia S. Walker of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division properly dismissed plaintiff's Labor Law § 240 (1) and § 241 (6) causes of action. The act of falling into a five- to six-inch gap between insulation boards, which were stacked eight-feet tall, is not a gravity-related accident encompassed by Labor Law § 240 (1) (see Toefer v Long Is. R.R.,

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