2 No. 144 SSM 11
Amarnauth Outar et al.,
City of New York,

2005 NY Int. 94

June 9, 2005

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Submitted by Lawrence A. Silver, for appellant.
Submitted by Lawrence P. Biondi, for respondents.
Defense Association of New York, Inc., amicus curiæ.

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs. The elevation differential between the dolly and plaintiff was sufficient to trigger Labor Law § 240(1)'s protection, and the dolly was an object that required securing for the purposes of the undertaking ( cf. Narducci v Manhasset Bay Assoc., , 96 NY2d 259, 268 [2001]). Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

Decided June 9, 2005