In Tylutki v. Tishman Technologies (7 AD3d 696, 777 N.Y.S.2d 514 [2d Dept 2004]) the Court stated that "the accident occurred when the plaintiff's coworker hit a section of pipe with a hammer causing the pipe to fall striking the plaintiff in the face. It is undisputed that no protective device designed to catch the falling pieces of pipe was utilized in connection with the work." Id. The Court held that "contrary to the defendants' contention, the plaintiff was exposed to a gravity-related hazard within the meaning of Labor Law 240 (1). Furthermore, the plaintiffs met their prima facie burden of entitlement to judgment as a matter of law by demonstrating that the absence of a safety device of the kind enumerated in the statute proximately caused the plaintiff's injury." Id.