McCullum v. Barrington Co.

Apr 29, 1993
Versions:192 A.D.2d 489
597 N.Y.S.2d 295
1993 N.Y. App. Div. LEXIS 4419

—Order, Supreme Court, New York County (Edward Greenfield, J.), entered on or about January 30, 1992, which granted defendants’ motion and cross-motion for summary judgment dismissing the complaint and denied plaintiff’s cross-motion for summary judgment as to liability, unanimously affirmed, without costs.

The plaintiff was allegedly injured because of a defect in an elevator that he was to repair. He has no cause of action under Labor Law § 240 (1) because his work did not involve "contemplated hazards related to the effects of gravity inherent in the particular task being performed” (Oden v Chemung County Indus. Dev. Agency, 183 AD2d 998, 999). Labor Law § 241 (6) is inapplicable because there was no showing that "a violation of a safety regulation promulgated pursuant to Labor Law § 241 (6) was the proximate cause of the accident” (Ares v State of New York, 80 NY2d 959, 960). There is no cause of action under Labor Law § 200 because "[n]o responsibility rests upon an owner of real property to one hurt through a dangerous condition which he has undertaken to fix” (Kowalsky v Conreco Co., 264 NY 125, 128). Accordingly, summary judgment was properly granted. Concur — Sullivan, J. P., Carro, Milonas, Kupferman and Ross, JJ.