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STANISLAWCZYK v. 2 EAST 61ST STREET CORP.

1 A.D.3d 155 (2003)

767 N.Y.S.2d 30

THOMAS STANISLAWCZYK, Appellant, v. 2 EAST 61ST STREET CORP. et al., Respondents.

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

November 13, 2003.

Plaintiff, who was allegedly injured while taking down a decorated wooden disk that had been suspended for use as a ceremonial canopy at a wedding, was not working upon a "structure" at the time of his accident and, accordingly, may not recover for his injuries pursuant to Labor Law § 240 (1) (see Tanzer v A. Terzi Prods., 244 A.D.2d 224 [1997]). Because Labor Law § 241 (6), like section 240 (1), requires as a condition...

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