Opinion
2003-01671.
Decided March 22, 2004.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Dye, J.), dated December 19, 2002, which granted the motion of the defendant Maurice Ramos for summary judgment dismissing the complaint insofar as asserted against him.
Robert O. Corini, New Rochelle, N.Y., for appellant.
Bartlett, McDonough, Bastone Monaghan, LLP, White Plains, N.Y. (Edward J. Guardaro, Jr., of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff was injured while helping to unload from a truck bundles of fencing panels that he and a coworker had delivered to an off-site storage yard for subsequent use in a street repair project. The Supreme Court properly granted the motion of the defendant Maurice Ramos for summary judgment dismissing the complaint insofar as asserted against him. The evidence supporting the motion established that at the time of the accident, the plaintiff was not engaged in construction work within the meaning of Labor Law § 240(1), and was not working in a construction area within the meaning of Labor Law § 241(6), since the fencing panels were not being "readied for immediate use" ( Sprague v. Louis Picciano, Inc., 100 A.D.2d 247, 250), but were instead being "stockpil[ed] for future use" ( Parot v. City of Buffalo, 174 A.D.2d 1034; see also Demeza v. American Tel. Tel. Co., 255 A.D.2d 743). In response, the plaintiff failed to raise a triable question of fact.
The plaintiff's remaining contentions are without merit.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.