Sciora v. New York State Dept. of Transp

Full title: GENE SCIORA, Appellant, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION…

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

Date published: Apr 22, 1996

226 A.D.2d 621 (N.Y. App. Div. 1996)

641 N.Y.S.2d 37

Opinion

April 22, 1996

Appeal from the Court of Claims (Silverman, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The cause of action based upon Labor Law § 240 (1) was properly dismissed because the plaintiff was working on a highway, and not a "building" or "structure" within the meaning of this statute ( see, Matter of Dillon v. State of New York, 201 A.D.2d 793; Matter of Dillon v. State of New York, 167 A.D.2d 574; Siragusa v State of New York, 117 A.D.2d 986; see also, Matter of Manente v Ropost, Inc., 136 A.D.2d 681).

In light of the foregoing, we do not reach the parties' remaining contentions. O'Brien, J.P., Ritter, Hart and Goldstein, JJ., concur.