GUIDO v. DORMITORY AUTH. OF STATE

2530, 113126/10.

145 A.D.3d 591 (2016)

2016 NY Slip Op 08600

43 N.Y.S.3d 350

PETER GUIDO, Appellant, v. DORMITORY AUTHORITY OF THE STATE OF NEW YORK et al., Respondents-Appellants, and SEA CREST CONSTRUCTION CORP., Respondent/Third Third-Party Plaintiff-Respondent. TURNER CONSTRUCTION COMPANY, Third-Party Plaintiff-Appellant-Respondent, v. OWEN STEEL COMPANY, INC., et al., Third-Party Defendants-Respondents-Appellants. HILLSIDE IRON WORKS, Second Third-Party Plaintiff-Appellant, v. P.I.I., LLC, Second Third-Party Defendant-Respondent/Third Third-Party Defendant-Respondent. OWEN STEEL COMPANY, INC., et al., Third Third-Party Defendants-Appellants.

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

Decided December 22, 2016.


The work that plaintiff was engaged in when he was injured, i.e., retrieving ladders that his employer had used in its work at the site, was a construction-related activity covered by Labor Law §§ 240 (1) and 241 (6) (see Alarcon v UCAN White Plains Hous. Dev. Fund Corp., 100 A.D.3d 431, 432 [1st Dept 2012]). However, it did not present an elevation-related risk contemplated by Labor Law § 240 (1) (see Toefer v...

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