Garcia v. DPA Wallace Avenue I, LLC

*416Plaintiff, an elevator mechanic, was in an elevator pit preparing to dismantle components of the elevator when the “selector tape,” a thin strip of metal, broke and “snapped” upwards, cutting his hand. He testified that the breakage of the tape was caused by the loosening of the shift to which the tape was connected, allowing the tape to bend, and the tension put on the tape created by gravitational force on a weight in the overhead room, which essentially acts as a counterweight to keep the tape taut.

Labor Law § 240 (1) is inapplicable to this case. The object upon which the force of gravity…