In Lavore v. Kir Munsey Park 020, LLC, 40 A.D.3d 711 (2nd Dept. 2007) the Appellate Division, Second Department, in dismissing a personal injury claim based upon violations of the Labor Law, stated, in relevant part [40 A.D.3d at 711]: "the plaintiff's cause of action pursuant to Labor Law 241(6) should have been dismissed, as the specific Industrial Code provisions he relies upon have no application under the facts presented. . . Likewise, subsection 23-1.5(h) of the Industrial Code, which provides that "[e]very scaffold shall be erected and removed under the supervision or a designated person" (12 NYCRR 23-5.1 [h] ), has no relevance here, since the plaintiff's use of the truck as the functional equivalent of a "scaffold" (cf. Watson v. Hudson Val. Farms, 276 A.D.2d 1004, 714 N.Y.S.2d 810) had already ceased, and the planks placed across the sides of the truck had already been safely removed, before the accident occurred. Thus, any violation of that section would be causally unrelated to the plaintiff's subsequent fall from the side of the truck."