Opinion
April 29, 1993
Appeal from the Supreme Court, New York County (Edward Greenfield, J.).
The plaintiff was allegedly injured because of a defect in an elevator that he was to repair. He has no cause of action under Labor Law § 240 (1) because his work did not involve "contemplated hazards related to the effects of gravity inherent in the particular task being performed" (Oden v Chemung County Indus. Dev. Agency, 183 A.D.2d 998, 999). Labor Law § 241 (6) is inapplicable because there was no showing that "a violation of a safety regulation promulgated pursuant to Labor Law § 241 (6) was the proximate cause of the accident" (Ares v State of New York, 80 N.Y.2d 959, 960). There is no cause of action under Labor Law § 200 because "[n]o responsibility rests upon an owner of real property to one hurt through a dangerous condition which he has undertaken to fix" (Kowalsky v Conreco Co., 264 N.Y. 125, 128). Accordingly, summary judgment was properly granted.
Concur — Sullivan, J.P., Carro, Milonas, Kupferman and Ross, JJ.