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MARTINEZ v. CITY OF NEW YORK

93 N.Y.2d 322 (1999)

712 N.E.2d 689

690 N.Y.S.2d 524

WALFREDO MARTINEZ et al., Appellants, v. CITY OF NEW YORK et al., Respondents, and KASELAAN & D'ANGELO, Defendant and Third-Party Plaintiff. L.J. GONZER ASSOCIATES, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided May 13, 1999.

Attorney(s) appearing for the Case

Mahler, Miller, Harris & Engel, P. C., Kew Gardens (Andrew M. Engel of counsel), for appellants.

Michael D. Hess, Corporation Counsel of New York City (Susan Choi-Hausman and Barry P. Schwartz of counsel), for respondents.

Agoglia, Fassberg, Holland & Crowe, P. C., Mineola (E. Kevin Agoglia of counsel), for third-party defendant-respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and WESLEY concur; Judge ROSENBLATT taking no part.

OPINION OF THE COURT

CIPARICK, J.

Plaintiff was injured when he fell from a height while performing asbestos inspection work in a school building owned by defendant City of New York and operated by the New York City Board of Education. We must decide whether the work in which plaintiff was engaged when he was injured fell within the ambit of Labor Law § 240 (1). We hold that it did not.

Plaintiff...

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