Wilinski v. 334 East 92nd Hous. Dev. Fund Corp

In Wilinski v. 334 East 92nd Hous. Dev. Fund Corp., 18 NY3d 1 (2011) the Court of Appeals held that a worker may recover under 240(1) even if the object which struck him was on the same level, provided that the risk arose from a significant elevation differential. In that case, pipes which struck plaintiff were at the same level where he had been standing, but recovery was not precluded under 240(1) because the pipes, which were about 10 feet tall, fell onto the plaintiff, who was about 5'8" tall.