In Guallpa v. Leon D. DeMatteis Constr. Corp. (121 AD3d 416 [1st Dept 2014]) the plaintiff was injured when a stone block, which was resting on top of a plastic tarp, fell and struck him on the knee. The plaintiff argued that Labor Law 240 (1) was applicable, because his injuries were caused by defendants' failure to provide an adequate safety device to hold the plastic tarp in place. However, the Court in Guallpa held that Labor Law 240 (1) did not apply to the facts of that case, because "the purpose of the tarp was to keep possible rain off the object, not to protect workers from an elevated risk."