Filed Date: 2/6/2015
Status: Precedential
Modified Date: 11/1/2024
Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered February 24, 2014. The order, insofar as appealed from, denied the motion of plaintiff for partial summary judgment and granted in part the cross motion of defendants for summary judgment.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiff commenced this Labor Law and common-law negligence action to recover damages for injuries he sustained when he attempted to lift a bundle of insulation to a coworker 10 feet above him and it fell, striking him in the head. We reject plaintiffs contention that Supreme Court erred in denying his motion seeking partial summary judgment on liability under the Labor Law § 240 (1) claim. Plaintiffs submis
Contrary to plaintiffs further contention, the court did not err in granting that part of defendants’ cross motion seeking dismissal of the Labor Law § 241 (6) claim to the extent it was premised upon violations of 12 NYCRR 23-6.1 (c) and 23-7.1 (c). Inasmuch as the accident did not involve hoisting equipment, defendants established that those regulations were not applicable to the facts of this case (see Toefer v Long Is. R.R., 4 NY3d 399, 409-410 [2005]; Georgakopoulos v Shifrin, 83 AD3d 659, 660 [2011]). Finally, in the absence of a cross appeal by defendants, we do not address their contention that the court erred in failing to dismiss the Labor Law § 241 (6) claim in its entirety (see Harris v Eastman Kodak Co., 83 AD3d 1563, 1564 [2011]; Harmon v Hotel Syracuse, Inc., 26 AD3d 750, 751 [2006]; see generally CPLR 5515 [1]). Present — Scudder, P.J., Smith, Centra, Lindley and Valentino, JJ.