SAFE v. BETHLEHEM STEEL CORPORATION (1999)

Defendant Collana Brothers Construction, Inc. (Collana Brothers) was hired as the general contractor to install concrete barriers along the Youngmann Expressway in Buffalo.   Collana Brothers hired defendant Lakeview Equipment Leasing (Lakeview) to construct the concrete barriers, and Lakeview leased property from defendant Bethlehem Steel Corporation (Bethlehem Steel) for the construction of the concrete barriers.   Plaintiff, an employee of Lakeview, was injured when he slipped and fell while carrying a steel beam, which was needed to separate the concrete panels.   Supreme Court properly granted those parts of the motion of Collana Brothers and the cross motion of Bethlehem Steel for summary judgment dismissing the Labor Law § 241(6) cause of action.   That section applies to “construction, excavation or demolition work”, and plaintiff was not engaged in such work when he was injured (Labor Law § 241 [6];  see, 12 NYCRR 23-1.4[b][13] ).  Plaintiff's injury did not occur at the Youngmann Expressway construction site, and, when plaintiff was injured, the installation of the concrete barriers was not yet underway (see, Vernieri v. Empire Realty Co., 219 A.D.2d 593, 595-596, 631 N.Y.S.2d 378).  Plaintiff was manufacturing materials that were to be used for the construction project, an activity that is outside the scope of the statute (see, Jock v. Fien, 80 N.Y.2d 965, 968, 590 N.Y.S.2d 878, 605 N.E.2d 365).

Order unanimously affirmed without costs.

MEMORANDUM: