STRINGER v. MUSACCHIA


11 N.Y.3d 212 (2008)

ERIC STRINGER, Appellant, v. BARBARA MUSACCHIA, Individually and as Trustee of the JOHN MUSACCHIA RESIDUAL TRUST B-1, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 21, 2008.


Attorney(s) appearing for the Case

Lewis & Stanzione, Catskill (Ralph C. Lewis, Jr., of counsel), for appellant.

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


OPINION OF THE COURT

GRAFFEO, J.

The strict liability provisions of Labor Law § 240 (1) apply to employees but not to persons who volunteer to work on a project. In this case, we are asked to decide whether plaintiff was entitled to section 240 (1) protection when he built a shed for an acquaintance while on a hunting trip. Based on the facts of this case, we conclude that plaintiff was not covered under the statute.

In 2001, defendant Barbara...

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