ROSS v. Aquarius Glass and Mirror, third-party defendant-respondent. (1999)

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Burke, J.), dated December 23, 1998, as granted the respective motions of the defendants third-party plaintiffs Threepees Realty Corp. and World Gym for summary judgment dismissing the Labor Law § 240(1) cause of action and denied his motion for summary judgment on that cause of action.

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff was allegedly injured when he fell from a ladder after being stung by a bee while caulking a leaking window at a building leased by the defendant third-party plaintiff World Gym and owned by the defendant third-party plaintiff Threepees Realty Corp.

The Supreme Court properly granted the respective motions of the defendants third-party plaintiffs for summary judgment dismissing the cause of action asserted against them under Labor Law § 240(1), and properly denied the plaintiff's motion for summary judgment on that cause of action.   The plaintiff's injuries were the sole result of his reaction to the bee sting and not the result of any purported violation of Labor Law § 240(1) (see Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 601 N.Y.S.2d 49, 618 N.E.2d 82;  Bland v. Manocherian, 66 N.Y.2d 452, 497 N.Y.S.2d 880, 488 N.E.2d 810;  Fernicola v. Benenson Capital Co., 252 A.D.2d 569, 676 N.Y.S.2d 610;  Anderson v. Schul/Mar Constr. Corp., 212 A.D.2d 493, 622 N.Y.S.2d 310;   Springer v. Keith Clark Publ. Co., 171 A.D.2d 914, 566 N.Y.S.2d 972).

MEMORANDUM BY THE COURT.