KEAVEY v. NEW YORK STATE DORMITORY AUTHORITY (2006)

Court of Appeals of New York.

Brendan B. KEAVEY, Appellant, v. NEW YORK STATE DORMITORY AUTHORITY, Respondent.

Decided: May 02, 2006

Collins & Maxwell, Buffalo (Alan D. Voos of counsel), for appellant. Rodgers & Coppola, LLP, Buffalo (Patricia S. Walker of counsel), for respondent.

OPINION OF THE COURT

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division properly dismissed plaintiff's Labor Law § 240(1) and § 241(6) causes of action. The act of falling into a five- to six-inch gap between insulation boards, which were stacked eight-feet tall, is not a gravity-related accident encompassed by Labor Law § 240(1) (see Toefer v. Long Is. R.R., 4 N.Y.3d 399, 795 N.Y.S.2d 511, 828 N.E.2d 614 [2005]; Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 577 N.Y.S.2d 219, 583 N.E.2d 932 [1991] ). Further, plaintiff failed to demonstrate the applicability of any section of the Industrial Code.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

MEMORANDUM.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

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