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SCHARFF v. SACHEM CENT. SCHOOL DIST. AT HOLBROOK

2007-08714.

2008 NY Slip Op 06201

GREG J. SCHARFF, appellant, v. SACHEM CENTRAL SCHOOL DISTRICT AT HOLBROOK, ET AL., respondents (and a third-party action).

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 8, 2008.

Attorney(s) appearing for the Case

Kujawski & DelliCarpini, Deer Park, N.Y. (Bryan P. Kujawski of counsel), for appellant.

Smith, Mazure, Director, Wilkins, Young & Yagerman, New York, N.Y. (Andrea S. Kleinman of counsel), for respondents.

Before: WILLIAM F. MASTRO, J.P., PETER B. SKELOS, ROBERT A. LIFSON, JOHN M. LEVENTHAL, JJ.

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

Labor Law § 240(1) affords special protection to workers who sustain personal injuries as a result of elevation-related risks such as falling from a height or being struck by a falling object that was improperly hoisted (see Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 500). However, this section of the Labor...

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