ROSEN v. GEN. ELEC. CO.


204 A.D.2d 978 (1994)

614 N.Y.S.2d 951

Jessie D. Rosen et al., Appellants, v. General Electric Company et al., Respondents

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

May 27, 1994


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied plaintiffs' motion to amend the complaint to allege additional causes of action based upon Labor Law § 240 (1). Plaintiffs' decedent was not engaged in an activity protected under section 240 (1) at the time of his accident (see, Jock v Fien, 80 N.Y.2d 965, 968). Nor was he engaged in demolition work, but was salvaging and...

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