We affirm. Plaintiff's decedent, a construction worker engaged in the framing of buildings at a construction site, was killed on July 3, 1987 when an exterior wall of a single-story building under construction collapsed upon him as he was walking by. Under similar circumstances, the Court of Appeals has held that Labor Law § 240 (1) was not an available remedy for the plaintiff (see, Misseritti v Mark IV Constr. Co.,
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LAWSON v. BARRY, BETTE & LED DUKE, INC.
226 A.D.2d 950 (1996)
640 N.Y.S.2d 687
Theresa Lawson, as Administrator of The Estate of Michael J. Lawson, Deceased, Appellant, v. Barry, Bette & Led Duke, Inc., et al., Respondents. (And a Third- and Fourth-Party Action.)
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
April 18, 1996
April 18, 1996
Appellate Division of the Supreme Court of the State of New York, Third Department.
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