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.