In Kempisty v. 246 Spring Street, LLC, 92 AD3d 474 (1st Dept 2012) the Appellate Division held that the IAS court erred in finding 240(1) inapplicable because there was no appreciable height difference between plaintiff and the object being hoisted, a four-ton steel block, which crushed plaintiff's foot. The Appellate Division held that the elevation differential could not be considered de minimis where the object being hoisted was able to generate an extreme amount of force.