MUNOZ v. DJZ REALTY LLC (2005)

Court of Appeals of New York.

Larry MUNOZ, Respondent, et al., Plaintiff, v. DJZ REALTY, LLC, Appellant. (And a Third-Party Action.)

Decided: June 29, 2005

Law Offices of Craig P. Curcio, Middletown (Gordon T. Sakow of counsel), for appellant. Brecher Fishman Pasternack Popish Heller Reiff & Walsh, P.C., New York City (Frank Gulino of counsel), for respondent.

OPINION OF THE COURT

The order of the Appellate Division should be reversed, with costs, and defendant's motion for summary judgment dismissing the Labor Law § 240(1) cause of action granted. The certified question should be answered in the negative.

Plaintiff was injured in a fall while applying a new advertisement to the face of a billboard that sat atop a building owned by defendant. Plaintiff's activities may have changed the outward appearance of the billboard, but did not change the billboard's structure, and thus were more akin to cosmetic maintenance or decorative modification than to “altering” for purposes of Labor Law § 240(1) (see Joblon v. Solow, 91 N.Y.2d 457, 465, 672 N.Y.S.2d 286, 695 N.E.2d 237 [1998] ).

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.

MEMORANDUM.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network