Opinion
January 22, 1996
Appeal from the Supreme Court, Queens County (Lane, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof which denied the branch of the defendant's motion which was for summary judgment dismissing the plaintiff's Labor Law § 200 (common law negligence) cause of action, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court correctly denied that branch of the defendant's motion which was for summary judgment dismissing the Labor Law § 240 cause of action. The plaintiff's task of installing an air conditioner on the roof of a building falls under the protection of Labor Law § 240 (see, Izrailev v Ficarra Furniture, 70 N.Y.2d 813; Kinsler v Lu-Four Assocs., 215 A.D.2d 631; Vessio v Ador Converting Biasing, 215 A.D.2d 648; Buckley v Radovich, 211 A.D.2d 652).
However, the plaintiff's Labor Law § 200 (common law negligence) cause of action should have been dismissed. There was no showing that a dangerous or defective condition on the property was a proximate cause of the plaintiff's injuries. Moreover, there is no duty to protect against defects or dangers which are readily observable (see, Gasper v Ford Motor Co., 13 N.Y.2d 104, 110; Brezinski v Olympia York Water St. Co., 218 A.D.2d 633; Zaffiris v O'Loughlin, 184 A.D.2d 696; Stephens v Tucker, 184 A.D.2d 828).
The parties' remaining contentions are without merit. Balletta, J.P., Thompson, Joy and Goldstein, JJ., concur.