Gasques v. State of New York

In Gasques v. State of New York (59 AD3d 666 [2d Dept. 2009]) the Plaintiff "while ascending the Brooklyn tower of the Kosciuszko Bridge on a two-point suspension scaffold, sustained injuries when he stopped the scaffold, and his hand was crushed between the motor control of the scaffold and the steel of the bridge" (id. at 666). The Appellate Division, Second Department in Gasques upheld the dismissal of Plaintiff's Labor Law Section 240(1) claim, stating that "the injured claimant's injury, while tangentially related to the effects of gravity, was not caused by the limited type of elevation-related hazards encompassed by the statute" (id. at 667).