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GREGORY GOLD, ET AL., appellants, v. NAB CONSTRUCTION CORPORATION, defendant third-party plaintiff-respondent; SHELDON ELECTRIC COMPANY, INC., third-party defendant-respondent.

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.

Contrary to the plaintiffs' contention, the Supreme Court properly dismissed their cause of action based on Labor Law § 240(1). The metal steps from which the injured plaintiff fell were a "normal appurtenance to the [subway tunnel] and [were] not designed as a safety device to protect him from an elevation-related risk" (Norton v. Park Plaza Owners Corp., 263 A.D.2d 531; see, Karnavogel v. Tops Appliance City, 271 A.D.2d 409; Barrett v. Ellenville Natl. Bank, 255 A.D.2d 473; see generally, Melber v. 6333 Main St., 91 N.Y.2d 759).

S. MILLER, J.P., LUCIANO, SCHMIDT and SMITH, JJ., concur.

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GOLD v. NAB CONSTRUCTION CORPORATION
(Nov 26, 2001)