Misseritti v. Mark IV Const. Co

In Misseritti v. Mark IV Const. Co.(86 N.Y.2d 487 [1995]) a worker was killed when a completed concrete block fire wall collapsed on him. In finding that section 240 did not apply, the Court of Appeals found (at 491) that "In this context, we construe the 'braces' referred to in section 240 (1) to mean those used to support elevated work sites not braces designed to shore up or lend support to a completed structure." In Misseritti, the holding related to the fact that the accident did not happen at an elevated work site, and that the "braces" in question were not the safety devices relating to elevation hazards which the statute required.