Torkel v. NYU Hospitals Center – Case Brief Summary (New York)

In Torkel v. NYU Hospitals Center, (63 AD3d 587, 883 N.Y.S.2d 8 [1st Dept 2009]), plaintiff was injured when he tried to regain control of a container of debris that he was carrying down a makeshift ramp which collapsed causing him to spill debris on his leg and fall over on the sidewalk.

In granting summary judgment dismissing plaintiff's Labor Law § 240(1) claim, the First Department wrote "given that the bottom of the ramp was resting on the street and the top was resting on an adjacent sidewalk curb, the height differential from top to bottom was at most 12 to 18 inches, we agree with defendants that plaintiff was not exposed to an elevation related hazard.." id.