Garrant v. New York Telephone Company

1 Citing case

  1. Rodriguez v. New York City Housing Authority

    194 A.D.2d 460 (N.Y. App. Div. 1993)   Cited 61 times

    Indeed, in Lombardi v. Stout (supra), which involved the removal of a tree from a building site, and Izrailev v. Ficarra Furniture ( 70 N.Y.2d 813), relating to repair work on an electrical sign on the building in question therein, the Court declined to so restrict the ambit of Labor Law § 240. As the Court of Appeals explained in Lewis-Moors v. Contel of N.Y. ( 78 N.Y.2d 942, 943), when it found a telephone pole having hardware, cable and support systems to constitute a structure within the meaning of Labor Law § 240 (1), "a `structure' is `any production or piece of work artificially built up or composed of parts joined together in some definite manner'" (see also, Atwell v Mountain Ltd., 184 A.D.2d 1065; Garrant v. New York Tel. Co., 179 A.D.2d 960). Consequently, plaintiff should have been granted summary judgment on his claim pursuant to Labor Law § 240.