LIOCE v. THEATRE ROW STUDIOS


7 A.D.3d 493 (2004)

776 N.Y.S.2d 89

ANGELO LIOCE, Appellant, v. THEATRE ROW STUDIOS ET AL., Defendants and Third-Party Plaintiffs-Respondents. MARIO SMERIGLIO, Doing Business as NAPLES ON BROADWAY, Third-Party Defendant-Respondent.

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

May 3, 2004.


Ordered that the order is affirmed, with costs.

The injured plaintiff was hired to design a lighting plan and install lights for a theatrical production. The plaintiff fell from an unsecured straight ladder which was leaning against a permanent light structure approximately 18 to 20 feet above the stage, as he was installing a light. Since the project did not constitute an alteration of a building, his activities at the time of his fall were not covered under Labor...

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