ALEX NARDUCCI et al., Respondents,
v.
MANHASSET BAY ASSOCIATES et al., Appellants, et al., Defendants.
MANHASSET BAY ASSOCIATES et al., Third-Party Plaintiffs-Appellants,
v.
ATLANTIC WINDOWS, Third-Party Defendant-Respondent, et al., Third-Party Defendants. (And Other Actions.)
LOUIS A. CAPPARELLI, JR., et al., Appellants,
v.
ZAUSMER FRISCH ASSOCIATES, INC., et al., Respondents.
ZAUSMER FRISCH CONSTRUCTION CO., INC., Third-Party Plaintiff-Respondent,
v.
BURNS ELECTRIC CO., INC., Third-Party Defendant-Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 27, 2001.
Decided May 10, 2001.
Attorney(s) appearing for the Case
Fiedelman & McGaw, Jericho (James K. O'Sullivan of counsel), and Alan I. Lamer, Elmsford, for Manhasset Bay Associates and another, defendants and third-party plaintiffs-appellants in the first above-entitled action.
Bunin & DiGiulio, New York City (Sheldon Bunin of counsel), for EBH Construction, Ltd., defendant and third-party plaintiff-appellant in the first above-entitled action.
Alexander J. Wulwick, New York City, and Mitchell Parnes for respondents in the first above-entitled action.
Colligan & Hickey, Roslyn Heights (Anita Nissan Yehuda of counsel), for third-party defendant-respondent in the first above-entitled action.
Hancock & Estabrook, L. L. P., Syracuse (Janet D. Callahan of counsel), and Cherundolo, Bottar & Leone, P. C. (Edward S. Leone of counsel), for appellants in the second above-entitled action.
Costello, Cooney & Fearon, L. L. P., Syracuse (Paul G. Ferrara of counsel), for defendants and third-party plaintiffs-respondents in the second above-entitled action.
Mackenzie Smith Lewis Michell & Hughes, L. L. P., Syracuse (Nancy L. Pontius of counsel), and James P. O'Connor, New York City, for third-party defendant-respondent in the second above-entitled action.
Fiedelman & McGaw, Jericho (Andrew Zajac of counsel), Kenneth M. Dalton, Dawn C. DeSimone, Elizabeth Anne Bannon, Kathleen B. Foley and Richard B. Polner for Defense Association of New York, Inc., amicus curiae in the second above-entitled action.
Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
CIPARICK, J.
These appeals require us to examine the circumstances under which Labor Law § 240 (1) liability may be imposed upon property owners and contractors when an object falls on a worker at a construction site. Neither situation presented here gives rise to liability under Labor Law § 240 (1).
Plaintiff Alex Narducci, an employee of Atlantic Windows, was assigned the task of removing steel window frames, as part...
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