BRADSHAW v. NATIONAL STRUCTURES, INC

Order unanimously affirmed without costs. Memorandum: Plaintiff, an employee of a subcontractor hired to install concrete foundations on a project for which defendant was the general contractor, sustained injuries when he either fell or slid into a drainage trench at the worksite while carrying two 12-foot-long footers on his shoulder. Supreme Court properly dismissed the Labor Law § 240 (1) cause of action (see, Williams v. White Haven Mem. Park, 227 A.D.2d 923; Mazzu v. Benderson Dev. Co., 224 A.D.2d 1009, 1010-1011; Panepinto v. L.T.V. Steel Co., 207 A.D.2d 1006; Radka v. Miller Brewing, 182 A.D.2d 1111, 1111-1112). Contrary to plaintiff's contention, Covey v. Iroquois Gas Transmission Sys. ( 89 N.Y.2d 952) does not compel a different result. In that case, plaintiff fell from a backhoe into a trench as a result of an improperly secured handrail on the backhoe. Here, plaintiff's injuries were the result of "the usual and ordinary dangers of a construction site, and not the extraordinary elevation-related risks envisioned by Labor Law § 240 (1)" (Adamczyk v. Hillview Estates Dev. Corp., 226 A.D.2d 1049; see, Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 514-515).