Kupferman, J., concurs in part and dissents in part in a memorandum as follows:
While I concur with the court’s opinion with respect to Labor Law §§ 200 and 241 (6), I dissent *147and would grant summary judgment to the defendant with respect to Labor Law § 240 (1).
The risk involved was not elevation-related (see, Rocovich v Consolidated Edison Co., 78 NY2d 509, 515).