VINCENT J. CAMPISI et al., Appellants,
v.
EPOS CONTRACTING CORPORATION et al., Respondents.
INNOVATED CONCEPTS CONTRACTING CORP., Third-Party Plaintiff,
v.
CITY OF NEW YORK et al., Third-Party Defendants-Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
September 24, 2002.
September 24, 2002.
Attorney(s) appearing for the Case
David M. Schuller of counsel (Huston & Schuller, P.C., attorneys), for appellants.
John A. Sarcone, III, of counsel (The Sarcone Law Firm, attorneys), for Epos Contracting Corporation, respondent.
Martin M. McGlynn of counsel (Hawkins Feretic Daly & Maroney, PC, attorneys), for Classic Electric, Inc., respondent.
John R. Frank of counsel (Law Office of Michael J. Ross & Robert J. Sambrato, attorneys), for Innovated Concepts Contracting Corp., respondent.
Cheryl Payer of counsel (Stephen J. McGrath on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for third-party defendants-respondents.
MAZZARELLI and ANDRIAS, JJ., concur with ELLERIN, J.; TOM, J.P., and MARLOW, J., dissent in a separate opinion by TOM, J.P.
Appellate Division of the Supreme Court of the State of New York, First Department.
OPINION OF THE COURT
ELLERIN, J.
This appeal presents a question of the scope of the class of persons protected by Labor Law § 240 (1), which provides:
"All contractors and owners and their agents * * * in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings...
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