Bradshawv.National Structures, Inc.

Appellate Division of the Supreme Court of New York, Fourth DepartmentApr 29, 1998
672 N.Y.S.2d 173 (N.Y. App. Div. 1998)
672 N.Y.S.2d 173249 A.D.2d 921

April 29, 1998

Appeal from Order of Supreme Court, Jefferson County, Elliott, J. — Summary Judgment.

Present — Denman, P.J., Lawton, Pigott, Jr., Balio and Boehm, JJ.

Order unanimously affirmed without costs. Memorandum: Plaintiff, an employee of a subcontractor hired to install concrete foundations on a project for which defendant was the general contractor, sustained injuries when he either fell or slid into a drainage trench at the worksite while carrying two 12-foot-long footers on his shoulder. Supreme Court properly dismissed the Labor Law § 240 (1) cause of action (see, Williams v. White Haven Mem. Park, 227 A.D.2d 923; Mazzu v. Benderson Dev. Co., 224 A.D.2d 1009, 1010-1011; Panepinto v. L.T.V. Steel Co., 207 A.D.2d 1006; Radka v. Miller Brewing, 182 A.D.2d 1111, 1111-1112). Contrary to plaintiff's contention, Covey v. Iroquois Gas Transmission Sys. ( 89 N.Y.2d 952) does not compel a different result. In that case, plaintiff fell from a backhoe into a trench as a result of an improperly secured handrail on the backhoe. Here, plaintiff's injuries were the result of "the usual and ordinary dangers of a construction site, and not the extraordinary elevation-related risks envisioned by Labor Law § 240 (1)" (Adamczyk v. Hillview Estates Dev. Corp., 226 A.D.2d 1049; see, Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 514-515).