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Futterman v. Rela Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
May 17, 2001
283 A.D.2d 261 (N.Y. App. Div. 2001)

Opinion

May 17, 2001.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered January 24, 2000, which, inter alia, granted defendants' cross motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Brian J. Isaac, for plaintiffs-appellants.

Daniel A. Schwartzman, for defendants-respondents.

Christopher C. Mauro, for third-party plaintiff-respondent.

Steven B. Prystowsky, for third-party defendant-respondent.

Before: Sullivan, P.J., Nardelli, Williams, Rubin, Marlow, JJ.


Plaintiff's remaining causes, for violation of Labor Law §§ 240(1) and 241(6), were properly dismissed since plaintiff, not having been hired by the owner of the subject premises, a contractor, or an agent of the owner or contractor, does not fall within the class of those entitled to the protection of the cited Labor Law provisions (see, Mordkofsky v. V.C.V. Dev. Corp., 76 N.Y.2d 573, 576-577). In addition, the particular work in which plaintiff was engaged at the time of his injury, i.e., hanging an interior sign from an existing platform, was not directed at effecting the sort of significant physical change to the configuration or composition of the building as would have brought the work within the protective ambit of Labor Law § 240(1) (see, Joblon v. Solow, 91 N.Y.2d 457, 465).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Futterman v. Rela Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
May 17, 2001
283 A.D.2d 261 (N.Y. App. Div. 2001)
Case details for

Futterman v. Rela Realty Corp.

Case Details

Full title:HOWARD FUTTERMAN, ET AL., PLAINTIFFS-APPELLANTS, v. RELA REALTY CORP., ET…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 17, 2001

Citations

283 A.D.2d 261 (N.Y. App. Div. 2001)
724 N.Y.S.2d 310

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