ORMSBEE v. TIME WARNER REALTY INC.

Index No. 152549/17. Appeal No. 15603. Case No. 2021-02409.

203 A.D.3d 630 (2022)

166 N.Y.S.3d 130

2022 NY Slip Op 02093

John Ormsbee et al., Appellants-Respondents, v. Time Warner Realty Inc., Defendant, and Richter & Ratner Contracting Corp. et al., Respondents-Appellants.

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

Decided March 29, 2022.


Attorney(s) appearing for the Case

Sullivan Papain Block McGrath Coffinas & Cannavo P.C., New York ( Christopher J. DelliCarpini of counsel), for appellants-respondents.

Gerber Ciano Kelly Brady LLP, Garden City ( Brendan T. Fitzpatrick of counsel), for respondents-appellants.

Concur—Kapnick, J.P., Webber, Friedman, Kennedy, Mendez, JJ.


Plaintiff John Ormsbee (plaintiff) was lifting the lid of a gang box at a construction site to retrieve tools and materials when the lid fell suddenly, causing injury to his shoulders, although the lid did not strike any part of his body.

Plaintiff's lifting of the lid of the gang box does not qualify as a covered activity under Labor Law § 240(1). There was no "significant risk inherent in [it] because of the relative elevation at which [it] [had to] be performed...

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