SLUCHINSKI v. << (1999)

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

Donald SLUCHINSKI, et al., Plaintiffs-Appellants, v.
CORPORATE PROPERTY INVESTORS, et al., Defendants-Respondents/Third Party Plaintiffs, v. Charles Pankow Builders, Ltd., Third Party Defendant-Respondent. [And a Second Third-Party Action]

Decided: February 09, 1999

SULLIVAN, J.P., ROSENBERGER, NARDELLI and RUBIN, JJ.

Edmond C. Chakmakian, for Plaintiffs-Appellants. Frank Gulino, for Defendants-Respondents/Third Party Plaintiffs. George L. Repetti, for Third Party Defendant-Respondent.

Order, Supreme Court, New York County (Elliott Wilk, J.), entered on or about January 12, 1998, which, to the extent appealed from, denied plaintiffs' cross motion for partial summary judgment on their Labor Law § 240(1) claim and granted the cross motion of defendants Corporate Property Investors and Pembrook Management & Company Inc. and third-party defendant Charles Pankow Builders, Ltd. for partial summary judgment dismissing plaintiffs' Labor Law § 240(1) claim, unanimously affirmed, without costs.

Plaintiff, a construction worker, was injured when he stepped on a piece of sheetrock while standing on some debris inside a ground-level dumpster. Since plaintiff's injury did not result from his exposure to an elevation-related risk within the contemplation of Labor Law § 240(1), the IAS court properly determined that plaintiff may not recover for his injury pursuant to that statutory provision (see, Misseritti v. Mark IV Construction Co., Inc., 86 N.Y.2d 487, 634 N.Y.S.2d 35, 657 N.E.2d 1318).

MEMORANDUM DECISION.

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