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MORALES v. D & A FOOD SERVICE

10 N.Y.3d 911 (2008)

892 N.E.2d 842

862 N.Y.S.2d 449

LINO MORALES, Appellant, v. D & A FOOD SERVICE, Defendant, and CAMILLO M. SANTOMERO, III, Respondent.

Court of Appeals of the State of New York.

Decided June 25, 2008.

Attorney(s) appearing for the Case

Irom, Wittels, Freund, Berne & Serra, P.C., Bronx (Richard W. Berne of counsel), for appellant.

Law Office of John P. Humphreys, New York City (Eric P. Tosca of counsel), for respondent.

Chief Judge KAYE and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur; Judge CIPARICK taking no part.

OPINION OF THE COURT

MEMORANDUM.

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

Contrary to defendant's argument, plaintiff's work constituted an alteration within the meaning of Labor...

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