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DOOLEY v. PEERLESS IMPORTERS, INC.

42 A.D.3d 199 (2007)

837 N.Y.S.2d 720

DENIS B. DOOLEY, Appellant, v. PEERLESS IMPORTERS, INC., et al., Respondents.

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

June 5, 2007.

Attorney(s) appearing for the Case

Corleone & Horan, New York City (Frank A. Composto of counsel), for appellant.

Callan, Koster, Brady & Brennan, LLP, New York City (Joshua C. Weisberg, David Lore and Michael P. Kandler of counsel), for respondents.

RITTER, COVELLO and BALKIN, JJ., concur.

OPINION OF THE COURT

MILLER, J.P.

The plaintiff was injured while working on a platform, or stage, that floated on the surface of a creek. The central issue presented for our review is whether, under the circumstances presented, the plaintiff's injury was the result of an elevation-related hazard, thus entitling him to the protection of Labor Law § 240 (1). My colleagues and I conclude in the affirmative, ...

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