Keavey v. New York State Dormitory Authority, 6 N.Y.3d 859

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division properly dismissed plaintiffs Labor Law § 240 (1) and § 241 (6) causes of action. The act of falling into a five- to six-inch gap between insulation boards, which were stacked eight-feet tall, is not a gravity-related accident encompassed by Labor Law § 240 (1) (see Toefer v Long Is. R.R., 4 NY3d 399 [2005]; Rocovich v Consolidated Edison Co., 78 NY2d 509 [1991]). Further, plaintiff failed to demonstrate the applicability of any section of the Industrial Code.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

Case Details

Case Name: Keavey v. New York State Dormitory Authority

Court Name: New York Court of Appeals

Date Published: May 2, 2006

Citations: 6 N.Y.3d 859; 849 N.E.2d 945; 816 N.Y.S.2d 722

Court Abbreviation: N.Y.