In Mora v. Sky Lift Distributor Corporation,126 AD3d 593, 4 N.Y.S.3d 211, 2015 WL 1292988 [1st Dept 2015]) a general contractor's employee was injured when he was struck by a falling fan cowl cover on a cooling tower. At the time of the accident, the cooling tower had been removed from the roof of a building and placed on a flatbed truck. An employee of the Skylift Contractor Corp. began to remove the fan cowl cover off the tower, to prevent it from hitting the traffic lights during transport. The employee pushed the fan cowl cover off the tower, and the falling cover, which weighed 250 pounds, bounced off the flatbed truck and struck the plaintiff, who was standing in the street and directing traffic. The plaintiff cross-moved for summary judgment in his favor as to liability on his Labor Law 240 (1) claim against the owner of the building; the building owner cross-moved for summary judgment dismissing the Labor Law 240 (1) claim. The motion court rejected the building owner's argument that Labor Law 240 (1) was inapplicable, stating: "Further, this matter is distinguishable from the cases cited by the defendants holding that Labor Law 240 (1) is inapplicable where a plaintiff is injured by a deliberately-dropped object. In those cases, it was determined that the object was not something that was being hoisted or a material that had to be positioned or secured Here, the record reflects that the fan cowl cover was being pushed off of the top of the cooling tower and onto the bottom of a flat-bed truck, where it would be transported away from the job site. It is therefore evident that this was a material that constituted a load that required securing for the purposes of an undertaking' (Narducci v. Manhasset Bay Assocs; Quattrocchi v. F.J. Sciame Constr. Copr., 866 N.Y.S.2d 592 [2008])." (Mora v. Sky lift Distr. Corp., Sup Ct, Bronx County, Jan. 6, 2014, Brigantti-Hughes, J., index No. 305640/2009, at 7.) On appeal, the Appellate Division, First Department affirmed the motion court, stating: "The court correctly declined to dismiss the Labor Law 240(1) claim as against 1200 Fifth and granted plaintiff's motion for summary judgment on the issue of 1200 Fifth's liability under that statute. Moreover, the 250-pound fan cowl cover constituted a load that required securing for the purposes of the undertaking' (Narducci v. Manhasset Bay Assocs., 96 NY2d 259, 268 [2001])." (Mora, 126 AD3d 593, 2015 WL 1292988.)