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SMITH v. EXTELL WEST 45TH STREET LLC

2058, 160712/13.

143 A.D.3d 647 (2016)

2016 NY Slip Op 07089

39 N.Y.S.3d 773

DARRELL SMITH, Appellant, v. EXTELL WEST 45TH STREET LLC et al., Defendants, and KONE, INC., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 27, 2016.

Dismissal was properly granted with respect to plaintiff's Labor Law § 240 (1) cause of action in that plaintiff alleged that he was injured while riding in one of the building's elevators. In this case, the passenger elevator was not a safety device for protecting a construction worker from a risk posed by elevation as contemplated by Labor Law § 240 (1) (see Kleinberg v City of New York, 61 A.D.3d 436 [1st Dept 2009]...

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