In Melo v. Consolidated Edison of New York, Inc., 92 NY2d 909 [1998] a metal plate fell on plaintiff's foot. The Court noted that just prior to falling, the plate was either resting on the ground or hovering slightly above the ground, and not elevated above the work site. The Melo Court held that the plaintiff's activities did not fall within the purview of 240(1) in that it did not involve the special elevation risks encompassed by said statute.