Sheetrock Resting on Blocks Satisfied Height Differential in Labor Law 240(1) Action

The First Department determined that plaintiff was not entitled to summary judgment on her Labor Law 240(1) claim which was based on injuries from sheetrock boards which slipped from where they were leaning against a wall and resting on blocks of wood two feet high.  The two-foot height differential was sufficient to implicate 240(1).  However the record was not sufficient to find, upon a summary judgment motion, that the injuries were proximately caused by the absence of a safety device.  Rodriguez v DRLD Dev Corp, 2013 NY Slip Op 05548, 1st Dept 8-6-13.