STONEHAM v. JOSEPH BARSUK, INC.

No. 94.

2023 NY Slip Op 06467

MARK A. STONEHAM ET AL., Appellants, v. JOSEPH BARSUK, INC., ET AL. Defendants, DAVID J. BARSUK, Respondent.

Court of Appeals of New York.

Decided December 19, 2023.


Attorney(s) appearing for the Case

John N. Lipsitz , for appellants.

James M. Specyal , for respondent.

Opinion by Judge Singas. Chief Judge Wilson and Judges Rivera, Garcia, Troutman and Halligan concur. Judge Cannataro dissents in an opinion.


Plaintiff Mark A. Stoneham was lying beneath a lifted trailer working on a faulty air brake system when the trailer fell on him causing serious injuries. The issue is whether plaintiff was engaged in an activity protected by Labor Law § 240(1). We hold that the statute was not intended to cover ordinary vehicle repair and, thus,...

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