Daly v. City of New York

Appellate Division of the Supreme Court of New York

Daly v. City of New York

254 A.D.2d 214, 679 N.Y.S.2d 128, 1998 N.Y. App. Div. LEXIS 11398

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 27, 1998

StatusPublished

Cited by3 cases

This text of 254 A.D.2d 214 (Daly v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Daly v. City of New York, 254 A.D.2d 214, 679 N.Y.S.2d 128, 1998 N.Y. App. Div. LEXIS 11398 (N.Y. Ct. App. 1998).

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Opinion

Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered January 30, 1998, dismissing an action by a laborer to recover for personal injuries pursuant to Labor Law § 240 (1) and § 241 (6), upon the parties’ respective motions for summary judgment, unanimously affirmed, without costs.

The ceiling of the underground steam vault in which plaintiff, a utility company employee, was working at ground level, lubricating a slip joint in order to stop a leak in a steam main, was a completed structure, and its collapse and plaintiffs resultant injury was not due to an elevation-related hazard within the meaning of Labor Law § 240 (1) (see, Misseritti v Mark IV Constr. Co., 86 NY2d 487; Fox v Jenny Eng’g Corp., 122 AD2d 532, affd on other grounds 70 NY2d 761; Amato v State of New York, 241 AD2d 400, lv denied 91 NY2d 805). In support of his Labor Law § 241 (6) claim, plaintiff cites Industrial Code (12 NYCRR) § 23-1.7 (a), but he fails to present any evidence that the work he was engaged in was [215]*215“normally exposed to falling material or objects” (12 NYCRR 23-1.7 [a] [1]), and the claim was therefore properly dismissed (see, Amato v State of New York, supra, at 401-402). Concur— Milonas, J. P., Ellerin, Wallach and Tom, JJ.

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Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered January 30, 1998, dismissing an action by a laborer to recover for personal injuries pursuant to Labor Law § 240 (1) and § 241 (6), upon the parties’ respective motions for summary judgment, unanimously affirmed, without costs.

The ceiling of the underground steam vault in which plaintiff, a utility company employee, was working at ground level, lubricating a slip joint in order to stop a leak in a steam main, was a completed structure, and its collapse and plaintiffs resultant injury was not due to an elevation-related hazard within the meaning of Labor Law § 240 (1) (see, Misseritti v Mark IV Constr. Co., 86 NY2d 487; Fox v Jenny Eng’g Corp., 122 AD2d 532, affd on other grounds 70 NY2d 761; Amato v State of New York, 241 AD2d 400, lv denied 91 NY2d 805). In support of his Labor Law § 241 (6) claim, plaintiff cites Industrial Code (12 NYCRR) § 23-1.7 (a), but he fails to present any evidence that the work he was engaged in was [215]*215“normally exposed to falling material or objects” (12 NYCRR 23-1.7 [a] [1]), and the claim was therefore properly dismissed (see, Amato v State of New York, supra, at 401-402). Concur— Milonas, J. P., Ellerin, Wallach and Tom, JJ.

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Bluebook (online)

254 A.D.2d 214, 679 N.Y.S.2d 128, 1998 N.Y. App. Div. LEXIS 11398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daly-v-city-of-new-york-nyappdiv-1998.

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