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ABBATIELLO v. LANCASTER ASSOC

3 N.Y.3d 46 (2004)

814 N.E.2d 784

781 N.Y.S.2d 477

ANTHONY ABBATIELLO, JR., et al., Appellants, v. LANCASTER STUDIO ASSOCIATES et al., Respondents and Third-Party Plaintiffs-Respondents. PARAGON CABLE MANHATTAN, INC., et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided July 1, 2004.

Attorney(s) appearing for the Case

Raymond Carey, P.C., Woodbury (Raymond Carey and John W. Dougherty of counsel), and Scheine, Fusco Brandstein & Rada, P.C., for appellants.

Sherwin Rear, New York City, for respondents.

Newman, Fitch, Altheim, Myers, P.C., New York City (Michael H. Zhu, Abraham S. Altheim and Steven N. Shapiro of counsel), for third-party defendants-respondents.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

CIPARICK, J.

This case presents the question whether a building owner may be held strictly liable under Labor Law § 240 (1) for injuries sustained by a cable technician performing work on its property without its knowledge or consent. We conclude that, under the circumstances of this case, the cable technician does not come within the protections of the section.

Plaintiff Anthony...

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