CARROLL v. TIMKO CONTRACTING CORP

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

While the injured plaintiff was standing on level ground, hoisting a reel of wire up two steps onto a platform, a pipe slipped out of his hands and he fell. The instant accident does not come within the scope of hazards covered by Labor Law § 240 Lab.(1) ( see, Melber v. 6333 Main Str., 91 N.Y. 759; Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 514; Rodriguez v. Tietz Ctr. for Nursing Care, 84 N.Y.2d 841). The injured plaintiff was not working at an elevated worksite, nor was he struck by an object positioned at a higher level. The mere fact that he was lifting a heavy object did not give rise to liability pursuant to Labor Law § 240 Labor (1) ( see, Narrow v. Crane-Hogan Structural Svs., 202 A.D.2d 841).

SANTUCCI, J.P., KRAUSMAN, FLORIO, and FEUERSTEIN, JJ., concur.