ADAIR v. BESTEK LIGHTING AND STAGING CORP.


298 A.D.2d 153 (2002)

748 N.Y.S.2d 362

TRACY ADAIR, Appellant, v. BESTEK LIGHTING AND STAGING CORP. et al., Respondents. (And a Third-Party Action.)

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

Decided October 8, 2002.


Plaintiff, a stagehand, was focusing overhead lights above a temporary stage in preparation for a performance when the "man-lift" on which she was standing fell over. It is undisputed that, at the time of this accident, the lights plaintiff was focusing were already fully installed, and that all other construction work on the stage had been completed. As a matter of law, plaintiff's activity at the time of her injury did not constitute "erection" or "altering" of a structure...

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