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MUNOZ v. DJZ REALTY LLC

5 N.Y.3d 747 (2005)

834 N.E.2d 776

800 N.Y.S.2d 866

LARRY MUNOZ, Respondent, et al., Plaintiff, v. DJZ REALTY, LLC, Appellant. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided June 29, 2005.

Attorney(s) appearing for the Case

Law Offices of Craig P. Curcio, Middletown (Gordon T. Sakow of counsel), for appellant.

Brecher Fishman Pasternack Popish Heller Reiff & Walsh, P.C., New York City (Frank Gulino of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendant's motion for summary judgment dismissing the Labor Law § 240 (1) cause of action granted. The certified question should be answered in the negative.

Plaintiff was injured in a fall while applying a new advertisement to the face of a billboard that sat atop a building owned by defendant. Plaintiff's activities may have changed the...

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