PAUNOVSKI v. BLACK RIVER HOUSING COUNCIL INC (1999)

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

Nikola R. PAUNOVSKI and Diane S. Paunovski, Plaintiffs-Respondents, v. BLACK RIVER HOUSING COUNCIL, INC., Defendant-Appellant.

Decided: October 01, 1999

PRESENT: DENMAN, P.J., GREEN, HAYES, PIGOTT, JR., and SCUDDER, JJ.

Michael P. Ringwood, Syracuse, for defendant-appellant. Timothy J. Fennell, Oswego, for plaintiffs-respondents.

Supreme Court properly granted plaintiffs' motion for partial summary judgment on liability pursuant to Labor Law § 240(1). Nikola R. Paunovski (plaintiff) was injured while working at an elevated height on an A-frame stepladder to remove piping. His co-workers were on stepladders on either side of him to steady and lower the pipe as he cut it into lengths of six to seven feet. The pipe, which was not secured by the co-workers, fell on plaintiff or his stepladder, causing him to fall to the floor. Although the stepladder was not defective, plaintiff was not protected from the risk of a falling pipe by the use of scaffolding, which would have prevented his fall (see, Felker v. Corning Inc., 90 N.Y.2d 219, 224, 660 N.Y.S.2d 349, 682 N.E.2d 950).

Order unanimously affirmed without costs.

MEMORANDUM:

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