Sammartino v. Vanderbilt Associates

Appellate Division of the Supreme Court of New York

Sammartino v. Vanderbilt Associates

249 A.D.2d 377, 670 N.Y.S.2d 784, 1998 N.Y. App. Div. LEXIS 4016

Appellate Division of the Supreme Court of the State of New York·Decided April 13, 1998·Published

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Leone, J.), dated February 10, 1997, as granted the respective motions of the defendants and the third-party defendant T.F.L. Electrical, Inc., to dismiss the cause of action to recover damages based on a violation of Labor Law § 241 (6).

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The record supports the Supreme Court’s conclusion that the work performed by the injured plaintiff was not construction work within the meaning of Labor Law § 241 (6) (see, e.g., Vernieri v Empire Realty Co., 219 AD2d 593, 595-596; Walton v Devi Corp., 215 AD2d 60). Ritter, J. P., Thompson, Goldstein and McGinity, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Leone, J.), dated February 10, 1997, as granted the respective motions of the defendants and the third-party defendant T.F.L. Electrical, Inc., to dismiss the cause of action to recover damages based on a violation of Labor Law § 241 (6).

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The record supports the Supreme Court’s conclusion that the work performed by the injured plaintiff was not construction work within the meaning of Labor Law § 241 (6) (see, e.g., Vernieri v Empire Realty Co., 219 AD2d 593, 595-596; Walton v Devi Corp., 215 AD2d 60). Ritter, J. P., Thompson, Goldstein and McGinity, JJ., concur.

Sammartino v. Vanderbilt Associates, 249 A.D.2d 377, 670 N.Y.S.2d 784, 1998 N.Y. App. Div. LEXIS 4016 (N.Y. Ct. App. 1998).

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249 A.D.2d 377 (Sammartino v. Vanderbilt Associates) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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