In Buckley v. Columbia Grammar and Preparatory, 44 AD3d 263, 841 N.Y.S.2d 249 [1st Dept./2007] the plaintiff was injured when riding in an elevator which was struck by five counterweights which fell after striking a rail-like spike. The court rejected the plaintiff's contention that 240 (1) applied, and explained that "what is essential to a conclusion that an object required securing is that it presents a foreseeable elevation risk in light of the work being undertaken". The Court concluded that since the fall of the counterweights was not foreseeable, and did not pose an elevation related hazard inherent in testing the functioning of the elevator, the plaintiff's action should be dismissed.