Court of Appeals of New York

In a personal injury action arising out of work performed by plaintiff for New York Water Service Corporation, a private company that furnished water to portions of Nassau County, the appellate division's reversal of judgment for plaintiff is affirmed where: 1) whether a property owner benefits in any sense from the injury-related work was legally irrelevant to determining whether the Labor Law imposes a nondelegable duty; and 2) the water company was required to have in hand either a job-specific or an annual permit before undertaking excavation of the roadway, notwithstanding any exigency.

Appellate Information

• Decided 06/08/2010
• Published 06/08/2010

Judges

• READ, J.

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Brian J. Isaac, for appellants.


• For Appellees:
  
• Victor Paladino, for respondent.