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ADAGIO v. NEW YORK STATE URBAN DEV. CORP.

150273/13-1851. 595336/14. 160646/14.

161 A.D.3d 624 (2018)

77 N.Y.S.3d 385

2018 NY Slip Op 03744

William Adagio et al., Respondents, v. New York State Urban Development Corporation et al., Respondents, and United States Roofing Corporation et al., Appellants, et al., Defendants. William Adagio et al., Plaintiffs, v. Total Safety Consulting, LLC, Defendant/Third-Party Defendant. United States Roofing Corporation, Third-Party Plaintiff-Appellant.

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

Decided May 24, 2018.

The Labor Law § 240 (1) claim should be dismissed, because the injured plaintiff's accident did not involve an elevation-related risk (see Runner v New York Stock Exch., Inc., 13 N.Y.3d 599, 603 [2009]). Plaintiff tripped on a pile of sand on the ground, at the same level at which he was walking.

Further, the Labor Law § 241 (6) claim should be dismissed because neither USRC nor A-Deck may be held liable under that...

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