Amirrv.Calcagno Construction Company

Appellate Division of the Supreme Court of New York, Second DepartmentNov 3, 1997
244 A.D.2d 302 (N.Y. App. Div. 1997)
244 A.D.2d 302663 N.Y.S.2d 893

November 3, 1997

Appeal from the Supreme Court, Richmond County (Cusick, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Joseph Amirr was injured while working at a construction site located at a house owned by the defendants Antonio Pizzo and Sara Pizzo. The defendant third-party plaintiff Calcagno Construction Company (hereinafter Calcagno) was the general contractor and the third-party defendant, John DiNaso Sons, Inc. (hereinafter DiNaso), the injured plaintiff)s employer, was the roofing subcontractor. While on the roof of the house examining the chimney, the injured plaintiff slipped on snow and fell on the roof injuring his left elbow.

The Supreme Court correctly denied the plaintiffs' motion for partial summary judgment against Calcagno on its Labor Law § 240 (1) cause of action and granted those branches of the cross motions of Calcagno and DiNaso which were for partial summary judgment dismissing that cause of action. Amirr's injury did not result from an elevation-related hazard such as falling from a height or being struck by a falling object that was improperly hoisted or inadequately secured (see, Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501; Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 514; see also, Mitchell v. County of Jefferson, 226 A.D.2d 1109; McCague v. Walsh Constr., 225 A.D.2d 530; White v. Dorose Holding, 216 A.D.2d 290).

Miller, J. P., Ritter, Sullivan, Santucci and McGinity, JJ., concur.