Warsaw v. Eastern Rock Products, Inc.

Order unanimously affirmed without costs. Memorandum: Plaintiff, an employee of third-party defendant, Machinery Repair Corporation, was rendered a paraplegic in October 1987 while repairing a cone crusher, a machine used to crush stones for highway paving. His Labor Law § 240 (1) and § 241 (6) claims against defendant Eastern Rock Products, Inc., the owner of the machine, and defendant Rexnord, Inc., the manufacturer of the machine, were properly dismissed. Plaintiff was not engaged in a protected activity within Labor Law § 240 (1) or § 241 (6). Rather, plaintiff was engaged in his "normal…