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ARES v. STATE

176 A.D.2d 203 (1991)

Evelyn Ares, Appellant, v. State of New York et al., Respondents

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

September 24, 1991

The court erred in concluding that Labor Law § 241 (6) is applicable to a highway repaving that had no connection to any building. Labor Law § 241 applies only to work attendant upon the construction or demolition of buildings, and a highway cannot be considered a building within the meaning of the statute (Matter of Dillon v State of New York, 167 A.D.2d 574). Therefore, plaintiff failed to establish a prima facie case...

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