Rought v. Price Chopper Operating Co.

We respectfully dissent from the view that regulations meant to protect workers from the hazards of material hoisting operations should be applied to the process of installing electrical *1417wires by fishing or pulling them through conduit. There is no evidence that the forklift, rope and pulleys employed here were actually lifting or suspending the wires that recoiled and caused plaintiffs fall.

Supreme Court correctly summarized the record regarding this issue in its discussion of the Labor Law § 240 (1) cause of action as follows: “Even though the forklift was on the lower floor, it was being…