McCOY v. KIRSCH

2011-06907.

99 A.D.3d 13 (2012)

951 N.Y.S.2d 32

2012 NY Slip Op 6128

SAMUEL McCOY, Respondent, v. ABIGAIL KIRSCH AT TAPPAN HILL, INC., et al., Appellants.

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

Decided September 12, 2012.


Attorney(s) appearing for the Case

Charles J. Siegel , New York City ( Peter E. Vairo of counsel), for appellant.

Bisogno & Meyerson, Brooklyn ( Elizabeth Mark Meyerson of counsel), for respondent.

BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.


OPINION OF THE COURT

DILLON, J.P.

This appeal calls upon our Court to address the factors that should be considered in determining whether a particular item or device qualifies as a "structure" for purposes of Labor Law § 240 (1) liability.

The plaintiff, Samuel McCoy, was employed as a truck driver by nonparty Atlas Florists. On August 23, 2008, a wedding ceremony was conducted at a catering facility of the defendant Abigail Kirsch at Stage...

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