Plaintiff's decedent, an employee of a traveling carnival, was injured while preparing an amusement ride for use at a carnival on City-owned property. Contrary to plaintiff's contention, the decedent was not engaged in the erection of a structure as contemplated by Labor Law § 240 (1). He was installing scenery panels as a backdrop to the ride, which came prebuilt (see Hodges v Boland's Excavating & Topsoil, Inc.,
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ALLEN v. CITY OF NEW YORK
5900, 6862/04.
89 A.D.3d 406 (2011)
931 N.Y.S.2d 853
2011 NY Slip Op 7672
JEAN ALLEN, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 1, 2011.
Decided November 1, 2011.
Appellate Division of the Supreme Court of New York, First Department.
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