Carrion v. Lewmara Realty Corp.

222 A.D.2d 205, 635 N.Y.S.2d 4, 1995 N.Y. App. Div. LEXIS 12634

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 5, 1995
• Status: Published

Opinion

—Order, Supreme Court, New York County (William Davis, J.), entered October 27, 1994, which denied plaintiff’s motion for partial summary judgment on the issue of liability under Labor Law § 240 (1), granted defendant’s cross motion for partial summary judgment dismissing plaintiff’s cause of action arising under Labor Law § 240, and, upon a search of this record, dismissed plaintiffs common-law negligence cause of action, unanimously affirmed, without costs.

Plaintiff, a handyman, allegedly injured while repairing a permanent staircase, has no cause of action under Labor Law § 240 (1) because a permanent staircase is not a scaffold, ladder or other elevation related safety device (Pennacchio v Tednick Corp., 200 AD2d 809), and his work did not involve "risks related to elevation differentials” requiring the furnishing or erection of such a device (Rocovich v Consolidated Edison Co., 78 NY2d 509, 514). Nor does plaintiff have a cause of action under Labor Law § 241 (6), there being no showing that a violation of a safety regulation promulgated thereunder was the proximate cause of the accident. Plaintiff fares no better under Labor Law § 200 or in common-law negligence since an owner of real property has no responsibility to one hurt through a dangerous condition that he has undertaken to fix (McCullum v Barrington Co. & 309 56th St. Co., 192 AD2d 489). Concur— Murphy, P. J., Kupferman, Asch, Nardelli and Tom, JJ.