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JOBLON v. SOLOW

91 N.Y.2d 457 (1998)

695 N.E.2d 237

672 N.Y.S.2d 286

Richard Joblon et al., Plaintiffs, v. Sheldon H. Solow et al., Defendants. Sheldon H. Solow, Third-Party Plaintiff, v. Geller Electric Construction & Maintenance, Inc., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided April 30, 1998.

Attorney(s) appearing for the Case

David P. Kownacki, P. C., New York City (David P. Kownacki of counsel), for plaintiffs.

Barry, McTiernan & Moore, New York City (William E. Fay, III, of counsel), for Sheldon H. Solow, defendant and third-party plaintiff.

Fogelberg & Associates, P. C., New York City (Carl R. Fogelberg of counsel), for Avon Products, Inc., defendant.

McMahon, Martine and Gallagher, New York City (Timothy D. Gallagher of counsel), for third-party defendant.

Judges BELLACOSA, SMITH, LEVINE and WESLEY concur; Judges TITONE and CIPARICK taking no part.

Chief Judge KAYE.

This appeal represents yet another attempt at the highly elusive goal of defining with precision statutory terms within Labor Law article 10 so as to minimize the need for litigation. Finding that no precedent of this Court four-square controls the definition of the term "altering" as used in Labor Law § 240 (1) or in the Industrial Code provisions...

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