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QUATTROCCHI v. F.J. SCIAME CONSTRUCTION CORP.

11 N.Y.3d 757 (2008)

ANTHONY QUATTROCCHI, Respondent, v. F.J. SCIAME CONSTRUCTION CORP., Respondent. F.J. SCIAME CONSTRUCTION CO., INC., Sued Herein as F.J. SCIAME CONSTRUCTION CORP., Third-Party Plaintiff-Respondent, v. COMPLETE CONSTRUCTION CONSORTIUM, INC., Third-Party Defendant-Respondent, and UNITED AIRCONDITIONING CORP., Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided September 9, 2008.

Attorney(s) appearing for the Case

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York City (Joel M. Simon of counsel), for third-party appellant.

Sacks and Sacks LLP, New York City (Scott N. Singer of counsel), for respondent.

Quirk and Bakalor, P.C., New York City (Dara L. Rosenbaum), for Complete Construction Consortium, Inc., third-party respondent.

Nicoletti Hornig & Sweeney, New York City (Barbara A. Sheehan of counsel), for F.J. Sciame Construction Co., Inc., for third-party respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The Appellate Division order should be affirmed, with costs, and the certified question answered in the affirmative.

As our holding in Outar v City of New York indicates, "falling object" liability under Labor Law § 240 (1) is not limited to cases in which the falling object is in the process of being hoisted or secured (5 N.Y.3d 731

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