BUTLER v. QUEST PROPERTY MANAGEMENT V. CORP.

Nos. 7715, 309400/09.

95 A.D.3d 678 (2012)

943 N.Y.S.2d 887

2012 NY Slip Op 3946

RAYFUS BUTLER, Appellant-Respondent, v. QUEST PROPERTY MANAGEMENT V. CORP., Defendant, and CABLEVISION SYSTEMS CORP., Respondent-Appellant.

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

Decided May 22, 2012.


Labor Law § 240 (1) does not apply here as plaintiff was not engaged in any alteration of the building at the time of the occurrence. The argument that his inspection might have led to additional work is mere speculation.

The motion court properly dismissed the Labor Law § 241 (6) and § 200 and common-law negligence claims. There is no evidence that plaintiff was engaged in construction, excavation or demolition work that would bring his work within...

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