Opinion
May 2, 2000.
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered March 4, 1998, which, inter alia, denied plaintiff's cross motion for summary judgment on the issue of liability on his Labor Law § 240 Lab.(1) claim and granted summary judgment to defendants dismissing plaintiff's Labor Law § 240 Lab.(1) claim, unanimously affirmed, without costs.
Philip J. Dinhofer, for Plaintiff-Appellant.
Herbert Rubin, for Defendants-Respondents.
Herbert Rubin, for Third-Party Plaintiffs-Respondents.
Patrick Aurilia, for Third-Party Defendant-Respondent.
SULLIVAN, P.J., ROSENBERGER, WILLIAMS, WALLACH, BUCKLEY, JJ.
Labor Law § 240 Lab. was never intended to cover an injury from electrical shock sustained by a worker on a scaffold caused by a dangling electrical extension cord that made contact with a live wire below the scaffold (see, Alfieri v. New York City Transit Authority, 190 A.D.2d 594,lv denied 82 N.Y.2d 655).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.