In Rajkumar v. Markham Gardens, L.P. (41 Misc. 3d 1205[A], 2013 NY Slip Op 51581[U] [Sup Ct, Kings County 2013]), the court found that Labor Law § 240(1) was not implicated where plaintiff was injured after he slipped and fell on debris while attempting to hand a channel iron, measuring 16 feet long and weighing 200 pounds, to a co-worker who was situated above him on scaffold; as a result of the slip and fall, a portion of the channel iron had fallen on top of him causing his injuries.
At the time of the accident, the plaintiff had been holding the channel iron above his right shoulder with both hands on one end of the iron, while the other end was resting on the edge of a scaffold where another worker was standing.
Nevertheless, the court found that there was no physically significant height differential between the beam and plaintiff, notwithstanding the weight and length of the beam.
Rather, the court held that the impetus for the heavy beam's fall was plaintiff slipping on debris, rather than the direct consequence of gravity operating on the beam.