New York Court of Appeals
Joaquim Melo, Appellants v. Consolidated Edison Company of New York, Inc., Respondent. (And a Third-Party…
September 15, 199892 N.Y.2d 909
Summary
The New York Court of Appeals affirmed the Appellate Division's order, holding that Labor Law §240(1) does not apply to the plaintiff's injury because the steel plate was not elevated above the work site. The Court relied on prior decisions interpreting the statute as limited to elevation hazards.