In Bond v. York Hunter Constr. (95 N.Y.2d 883, 738 N.E.2d 356, 715 N.Y.S.2d 209 [2000]) the Court denied recovery to a worker who, getting down from the cab of a construction vehicle, placed his foot on the vehicle's track to use it as a step, slipped and fell three feet to the ground. The Court held as a matter of law that "the risk of alighting from a construction vehicle was not an elevation-related risk which calls for any of the protective devices of the types listed in Labor Law 240 (1)" (id. at 884-885).