KEMPISTY v. 246 SPRING STREET, LLC

6664, 107465/07.

92 A.D.3d 474 (2012)

938 N.Y.S.2d 288

2012 NY Slip Op 901

STEPHEN KEMPISTY, Appellant, v. 246 SPRING STREET, LLC, et al., Respondents.

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

Decided February 9, 2012.


The motion court erred in finding that Labor Law § 240 (1) does not apply in this case because there was no appreciable height differential between plaintiff and the object being hoisted, a four-ton steel block, that crushed plaintiff's foot. The elevation differential cannot be considered de minimis when the weight of the object being hoisted is capable of generating an extreme amount of force, even though it only traveled a short distance (see Runner v New York...

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