1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 24 A.D.3d
  5. 24 A.D.3d 42 (2005)
 

MORALES v. SPRING SCAFFOLDING

24 A.D.3d 42 (2005)

802 N.Y.S.2d 41

ALEXANDER MORALES, Appellant-Respondent, v. SPRING SCAFFOLDING, INC., Respondent-Appellant, and PREMIER COMPANY et al., Respondents.

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

October 11, 2005.

Attorney(s) appearing for the Case

Gorayeb & Associates, P.C., New York City (Mark H. Edwards of counsel), for appellant-respondent.

Molod Spitz & DeSantis, P.C., New York City (Marcy Sonneborn and Alice Spitz of counsel), for respondent-appellant.

Law Office of Ted M. Tobias, White Plains (Frank V. Kelly of counsel), for respondents.

MAZZARELLI, J.P., MARLOW, ELLERIN and CATTERSON, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This appeal presents the question of whether a construction worker injured in an on-site accident is outside the protection of Labor Law § 240 (1) because he was on a lunch break at the time of the accident. Given the circumstances surrounding the accident, we answer the question in the negative.

Plaintiff, a working foreman for Galicia Contracting, a facade...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases