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MORALES v. WESTCHESTER STONE CO., INC.

63 A.D.3d 805 (2009)

881 N.Y.S.2d 456

MANUEL MORALES, Appellant, v. WESTCHESTER STONE CO., INC., Respondent.

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

June 9, 2009.

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

The plaintiff alleges that he was injured when, while standing approximately 10 feet above the ground and cutting down a tree on the defendant's property, a tree limb struck him. The tree removal that the plaintiff was performing was outside the ambit of Labor Law § 240 (1) since a tree is neither a building nor structure (see Burr v Short, 285 A.D.2d 576

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