York Hunter Construction, Inc.,
Crossbay Contracting, Third-Party Respondent.
2000 NY Int. 99
The order of the Appellate Division should be affirmed,
with costs. After completing his work for the day, plaintiff, a
demolition worker employed by third-party defendant, began to
alight from his demolition vehicle. The vehicle was equipped
with a track system on each side to maneuver it through the
construction site. The vehicle was not equipped with a step to
assist operators in their entry or exit from the vehicle.
Plaintiff stepped down from the cab of the vehicle and placed his
foot onto the vehicle's track, using it like a step. Plaintiff
claimed his foot slipped off the track because grease had
As a matter of law, the risk of alighting from the construction vehicle was not an elevation-related risk which calls for any of the protective devices of the types listed in Labor Law § 240(1) (see, Rocovich v Consolidated Edison Co., , 78 NY2d 509, 514-515). Moreover, plaintiff failed to adduce any evidence to support his section 200 claim that defendant had created, or had prior notice of, the greasy condition of the track (see, Lombardi v Stout, , 80 NY2d 290, 294-295). Finally, plaintiff's arguments under the Industrial Code regulations are either unpreserved or without merit.