BRADSHAW v. NATIONAL STRUCTURES INC (1998)

Plaintiff, an employee of a subcontractor hired to install concrete foundations on a project for which defendant was the general contractor, sustained injuries when he either fell or slid into a drainage trench at the worksite while carrying two 12-foot-long footers on his shoulder.   Supreme Court properly dismissed the Labor Law § 240(1) cause of action (see, Williams v. White Haven Mem. Park, 227 A.D.2d 923, 643 N.Y.S.2d 787;  Mazzu v. Benderson Dev. Co., 224 A.D.2d 1009, 1010-1011, 637 N.Y.S.2d 540;  Panepinto v. L.T.V. Steel Co., 207 A.D.2d 1006, 616 N.Y.S.2d 821;  Radka v. Miller Brewing, 182 A.D.2d 1111, 1111-1112, 583 N.Y.S.2d 87).   Contrary to plaintiff's contention, Covey v. Iroquois Gas Transmission Sys. (89 N.Y.2d 952, 655 N.Y.S.2d 854, 678 N.E.2d 466) does not compel a different result.   In that case, plaintiff fell from a backhoe into a trench as a result of an improperly secured handrail on the backhoe.   Here, plaintiff's injuries were the result of “the usual and ordinary dangers of a construction site, and not the extraordinary elevation-related risks envisioned by Labor Law § 240(1)” (Adamczyk v. Hillview Estates Dev. Corp., 226 A.D.2d 1049, 641 N.Y.S.2d 925;  see, Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 514-515, 577 N.Y.S.2d 219, 583 N.E.2d 932).

Order unanimously affirmed without costs.

MEMORANDUM: