DALTON v. NEW WATER STREET CORPORATION


284 A.D.2d 213 (2001)

726 N.Y.S.2d 643

JOHN DALTON et al., Appellants, v. NEW WATER STREET CORPORATION et al., Respondents and Third Third-Party Plaintiffs. ONE SOURCE, Third Third-Party Defendant-Respondent. (And Other Actions.)

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

Decided June 19, 2001.


The action, which seeks damages for personal injuries sustained when plaintiff, an electrician in the employ of a third-party defendant, slipped and fell while wheeling a large computer down the ramp of a loading dock, was properly dismissed as against defendants-respondents, the present and former owners of the building. There is no cause of action under Labor Law § 241 (6) since plaintiff was not engaged in any construction, excavation or demolition work (see, Joblon...

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