DALY v. CITY OF NEW YORK

The ceiling of the underground steam vault in which plaintiff, a utility company employee, was working at ground level, lubricating a slip joint in order to stop a leak in a steam main, was a completed structure, and its collapse and plaintiff's resultant injury was not due to an elevation-related hazard within the meaning of Labor Law § 240 (1) ( see, Misseritti v. Mark IV Constr. Co., 86 N.Y.2d 487; Fox v. Jenny Eng'g Corp., 122 A.D.2d 532, affd on other grounds 70 N.Y.2d 761; Amato v. State of New York, 241 A.D.2d 400, lv denied 91 N.Y.2d 805). In support of his Labor Law § 241 (6) claim, plaintiff cites Industrial Code (12 N.Y.CRR) § 23-1.7 (a), but he fails to present any evidence that the work he was engaged in was "normally exposed to falling material or objects" ( 12 NYCRR 23-1.7 [a] [1], and the claim was therefore properly dismissed ( see, Amato v. State of New York, supra, at 401-402).

Concur — Milonas, J. P., Ellerin, Wallach and Tom, JJ.