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GEONIE v. OD & P NY LIMITED

50 A.D.3d 444 (2008)

855 N.Y.S.2d 495

CARL GEONIE, Appellant, v. OD & P NY LIMITED et al., Respondents, et al., Defendants. (And a Third-Party Action.) O.D. & P., NEW YORK, LTD., Second Third-Party Plaintiff-Respondent, v. ARI PRODUCTS, INC., Second Third-Party Defendant-Respondent.

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

Decided April 15, 2008.

The Labor Law § 240 (1) claim was properly dismissed because plaintiff's stepping into the opening left by the removal of a tile in a raised "computer floor" was not caused by defendants' failure to provide safety devices to protect against an elevation-related hazard (see Piccuillo v Bank of N.Y. Co., 277 A.D.2d 93, 94 [2000]; D'Egidio v Frontier Ins. Co., 270 A.D.2d 763, 765 [2000...

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