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LAMBERSON v. CHEN

141 A.D.2d 422 (1988)

Christine Lamberson, Individually and as Executrix of Douglas A. Lamberson, Deceased, Respondent, v. Paul K. Y. Chen et al., Defendants, and Plandome Property Associates, Inc., et al., Appellants

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

June 23, 1988

To be permitted to bring an action under Labor Law § 240, it is necessary that the plaintiff be in the employ, not that he or she merely has permission to be on the premises, and is performing an act that is such as might be done by one who is employed by the owner of the property. (Whelen v Warwick Val. Civic & Social Club, 47 N.Y.2d 970, 971; see also, Alver v Duarte, 80 A.D.2d 182

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