SAMUEL v. SIMONE DEV. CO.


13 A.D.3d 112 (2004)

786 N.Y.S.2d 163

McWHITE SAMUEL, Appellant, v. SIMONE DEV. CO., Respondent, et al., Defendants.

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

December 9, 2004.


Plaintiff, an employee of a carpet contractor, allegedly sustained personal injuries when he fell from an unsecured "wobbly" ladder in the course of installing carpeting as soundproofing to the finished walls of a recording studio. Contrary to the determination of the IAS court, plaintiff's activities fall within the protection of Labor Law § 240 (1) since plaintiff was performing a significant alteration to the subject premises at the time of the incident (see Joblon...

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