Court of Appeals of New York

Plaintiffs challenge the dismissal of their claims arising from work-related injuries that plaintiff Joseph Saint suffered while he was engaged in the installation and removal of a billboard advertisement. The dismissal of plaintiffs' complaint is reversed, where: 1) because Joseph's work required the attachment, at an elevated height, of custom-made wooden extensions that changed the dimensions of the billboard frame, Joseph was engaged in alteration of the structure within the meaning of Labor Law section 240(1); and 2) plaintiffs properly asserted claim for unprotected construction work under sections 240(2) and 241(6) based on the lack of a guardrail on the billboard platform.

Appellate Information

• Decided 04/02/2015
• Published 04/02/2015

Judges

• Rivera

Court

• Court of Appeals of New York

Counsel