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KAI LI v. PHO VIET HUONG RESTAURANT

291 A.D.2d 280 (2002)

737 N.Y.S.2d 288

YUN KAI LI, Appellant, v. PHO VIET HUONG RESTAURANT et al., Respondents, et al., Defendant.

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

Decided February 14, 2002.

Given the undisputed evidence that the illuminated sign plaintiff had been assigned to repair only needed two light bulbs replaced, the motion court properly found that plaintiff was not engaged in an activity protected under Labor Law § 240 (1) when he fell from the ladder he had climbed to inspect the sign (see, Smith v Shell Oil Co., 85 N.Y.2d 1000). Similarly, since plaintiff, at the time of his injury, was not employed...

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