DeLong v. State St. Assocs

In DeLong v. State St. Assocs (211 AD2d 891), DeLong had been working on a series of outdoor terraces at levels which echeloned downward. He fell from one terrace in the series to a lower one. We held that each terrace was a work site, that each terrace was at an elevation and, therefore, that the fall was covered by section 240 (1). The appellate court affirmed stating: "for while DeLong's worksite was at ground level, his injury nevertheless resulted from a 'difference between the elevation level of the required work and a lower level' (Rocovich v. Consolidated Edison Co., 78 NY2d 509, 514)" (DeLong, 211 AD2d, at 892.)