Gary Rodriguez, Respondent, v. Margaret Tietz Center for Nursing Care, Inc., Defendant,
Restor Technologies, Inc., Third- and Fourth-Party Appellant,
Kenneth S. Glass, et al., Fourth-Party Defendants

84 N.Y.2d 841, 640 N.E.2d 1134, 616 N.Y.S.2d 900 (1994).
September 13, 1994

Submitted by Lawrence C. Downes, for appellant.
Submitted by Mitchell J. Birzon, for respondent.

MEMORANDUM:

The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and plaintiff's cause of action based on Labor Law § 240 dismissed.

Plaintiff in this case was exposed to the usual and ordinary dangers of a construction site, and not the extraordinary elevation risks envisioned by Labor Law § 240(1). In placing a 120 pound beam onto the ground from seven inches above his head with the assistance of three other co-workers, Rodriguez was not faced with the special elevation risks contemplated by the statute (see, Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 501; Rocovich v Consolidated Edison Co., 78 NY2d 509, 514).

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.4 of the Rules, judgment appealed from and order of the Appellate Division brought up for review reversed, with costs, and plaintiff's cause of action based on Labor Law § 240 dismissed, in a memorandum. Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.