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PANEK v. COUNTY OF ALBANY

99 N.Y.2d 452 (2003)

788 N.E.2d 616

758 N.Y.S.2d 267

ANDREW W. PANEK et al., Appellants, v. COUNTY OF ALBANY et al., Respondents.

Court of Appeals of the State of New York.

Decided April 1, 2003.

Attorney(s) appearing for the Case

Buckley, Mendleson & Criscione, P.C., Albany (John J. Criscione of counsel), for appellant.

Bond, Schoeneck & King, PLLC, Syracuse (John H. Callahan and Donald S. DiBenedetto of counsel), for respondents.

Jeffrey A. Lichtman, New York City, and Powers & Santola, LLP, Albany (Daniel R. Santola and Michael J. Hutter, Jr., of counsel), for New York State Trial Lawyers Association, amicus curiae.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and READ concur.

OPINION OF THE COURT

GRAFFEO, J.

Labor Law § 240 (1) protects workers from elevation-related hazards when they are injured while involved in certain enumerated work activities, including the demolition or alteration of a building or structure. In this appeal, we conclude that plaintiff was engaged in work activities that constituted an alteration of a building within the ambit of the statute, and he...

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