GOLD v. NAB CONSTRUCTION CORPORATION

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.