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D'ACUNTI v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY

300 A.D.2d 107 (2002)

751 N.Y.S.2d 459

ANTHONY D'ACUNTI et al., Respondents-Appellants, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY et al., Appellants-Respondents.

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

Decided December 12, 2002.

The record establishes that plaintiff, whose injury occurred when he slid four feet down a barrel roof, was engaged in "construction work" within the meaning of Labor Law § 240 (1) (see Caraciolo v 800 Second Ave. Condominium, 294 A.D.2d 200, 201-202). Plaintiff's slide down the roof resulted from the type of extraordinary elevation-related risk which Labor Law § 240 (1) was enacted to guard against, plaintiff's fall having...

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