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CALABRO v. CITY OF NEW YORK

256 A.D.2d 534 (1998)

684 N.Y.S.2d 792

JOSEPH CALABRO et al., Respondents, v. CITY OF NEW YORK, Appellant. (And a Third-Party Action.)

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

Decided December 28, 1998.

Ordered that the order is affirmed insofar as appealed from, with costs.

The work engaged in by the injured plaintiff at the time of his accident constituted the repair of a structure within the meaning of Labor Law § 240 (1) (see, Purdie v Crestwood Lake Hgts. Section 4 Corp., 229 A.D.2d 523). The defendant's contention that the injuries were not caused by the failure to provide adequate safety devices is raised for...

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