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RODRIGUEZ v. 1-10 INDUSTRY ASSOCIATES, LLC

30 A.D.3d 576 (2006)

816 N.Y.S.2d 383

NESTOR RODRIGUEZ, Appellant, v. 1-10 INDUSTRY ASSOCIATES, LLC, et al., Respondents.

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

June 20, 2006.

Ordered that the order is affirmed, with costs.

To assert an actionable claim under Labor Law § 240 (1), a plaintiff must establish that he or she was injured during "the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure" (Labor Law § 240 [1]; see Martinez v City of New York, 93 N.Y.2d 322, 326 [1999]). Here, as the Supreme Court correctly concluded, the defendants...

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