Garrant v. New York Telephone Company

1 Citing case

  1. Sarigul v. New York Telephone Co.

    4 A.D.3d 168 (N.Y. App. Div. 2004)   Cited 27 times
    In Sarigul v New York Tel. Co. (4 AD3d 168, lv denied 3 NY3d 606), we held that stripping insulation from an existing cable wire constituted an alteration under the statute.

    In relevant part, § 240(1) provides that, in the course of altering a structure, all contractors and owners and their agents who contract for — but do not direct or control — the work shall furnish safety equipment to their employees to protect them against the dangers incident to the alteration. We agree with the IAS court that the subject telephone pole and its wiring were a "structure" under the statute ( see Joblon v. Solow, 91 N.Y.2d 457; Lewis-Moors v. Contel of N.Y., 78 N.Y.2d 942, 943; Garrant v. New York Tel. Co., 179 A.D.2d 960, and that stripping the insulation from the subject cable wire was an "alteration" under the statute ( see Weininger v. Hagedorn Co., 91 N.Y.2d 958).