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MOSHER v. STATE OF NEW YORK

80 N.Y.2d 286 (1992)

Marilyn Mosher et al., Appellants, v. State of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 29, 1992.

Attorney(s) appearing for the Case

Learned, Reilly & Learned, Elmira (Thomas E. Reilly of counsel), for appellants.

Hogan & Sarzynski, Binghamton (John P. Lynch, John B. Hogan and Edward J. Sarzynski of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in Per Curiam opinion; Judge SMITH taking no part.

Per Curiam.

The Court of Claims correctly held that the requirements of subdivision (6) of Labor Law § 241, concerning safety precautions during construction, excavation and demolition operations, are not limited to building sites. Section 241 provides, in relevant part:

"All contractors and owners and their agents * * * when constructing or demolishing buildings or doing any excavating in connection therewith...

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