FABRIZIO v. CITY OF NEW YORK


306 A.D.2d 87 (2003)

762 N.Y.S.2d 41

WILLIAM FABRIZIO et al., Appellants-Respondents, v. CITY OF NEW YORK, Respondent, and SLATTERY ASSOCIATES, INC., et al., Respondents-Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided June 10, 2003.


Plaintiff, a licensed electrician, is a part owner and employee of third-party defendant, a corporation that, plaintiff claims, had been hired by defendant mechanical subcontractor to perform certain electrical work at a sewage treatment plant on Wards Island owned by defendant City and undergoing expansion. Defendants-appellants general contractor and subcontractor argue that plaintiff is not protected by either Labor Law § 240 (1) or § 241 (6) because, at the...

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