Home/New York Court of Appeals/Munoz v. DJZ Realty, LLC

Munoz v. DJZ Realty, LLC

834 N.E.2d 776, 5 N.Y.3d 747, 800 N.Y.S.2d 866, 2005 N.Y. LEXIS 1458
New York Court of Appeals·Decided June 29, 2005·Published·Cited by 25 cases

Opinion

OPINION OF THE COURT

Memorandum.

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. Plaintiffs 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 NY2d 457, 465 [1998]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.

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

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Munoz v. DJZ Realty, LLC, 834 N.E.2d 776, 5 N.Y.3d 747, 800 N.Y.S.2d 866, 2005 N.Y. LEXIS 1458 (N.Y. 2005).

834 N.E.2d 776 (Munoz v. DJZ Realty, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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