Pesa v. Ginsberg

— Order and judgment (one paper), Supreme Court, New York County (Diane A. Lebedeff, J.), entered or or about June 21, 1991, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff, a painter, was injured attempting to move furniture in the course of performing a painting contract in defendants’ house. His cause of action based on Labor Law § 240 (1) was properly dismissed, since that section applies only to work performed at heights (Rocovich v Consolidated Edison Co., 78 NY2d 509). Nor does plaintiff have a…