Brendan B. Keavey v New York State Dormitory Authority

Keavey v New York State Dormitory Auth. 2006 NY Slip Op 03445 [6 NY3d 859] May 2, 2006 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 28, 2006

[*1] Brendan B. Keavey, Appellant,
v
New York State Dormitory Authority, Respondent.

Decided May 2, 2006

Keavey v New York State Dormitory Auth., 24 AD3d 1193, affirmed.

APPEARANCES OF COUNSEL

Collins & Maxwell, Buffalo (Alan D. Voos of counsel), for appellant.

Rodgers & Coppola, LLP, Buffalo (Patricia S. Walker of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

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

The Appellate Division properly dismissed plaintiff's 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 § [*2]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.