Sciora v. New York State Department of Transportation

Appellate Division of the Supreme Court of New York

Sciora v. New York State Department of Transportation

226 A.D.2d 621, 641 N.Y.S.2d 37, 1996 N.Y. App. Div. LEXIS 4337

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 22, 1996

StatusPublished

Cited by3 cases

This text of 226 A.D.2d 621 (Sciora v. New York State Department of Transportation) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sciora v. New York State Department of Transportation, 226 A.D.2d 621, 641 N.Y.S.2d 37, 1996 N.Y. App. Div. LEXIS 4337 (N.Y. Ct. App. 1996).

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Opinion

In a claim to recover damages for personal injuries, the claimant appeals, as limited by his brief, from so much of an order of the Court of Claims (Silverman, J.), dated July 20, 1994, as denied his motion for partial summary judgment on the issue of liability on the second cause of action under Labor Law § 240 (1), and granted that branch of the defendant’s motion which was for summary judgment dismissing the second cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

The cause of action based upon Labor Law § 240 (1) was properly dismissed because the plaintiff was working on a highway, and not a "building” or "structure” within the meaning of this statute (see, Matter of Dillon v State of New York, 201 AD2d 793; Matter of Dillon v State of New York, 167 AD2d 574; Siragusa v State of New York, 117 AD2d 986; see also, Matter of Manente v Ropost, Inc., 136 AD2d 681).

[622]*622In light of the foregoing, we do not reach the parties’ remaining contentions. O’Brien, J. P., Ritter, Hart and Goldstein, JJ., concur.

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In a claim to recover damages for personal injuries, the claimant appeals, as limited by his brief, from so much of an order of the Court of Claims (Silverman, J.), dated July 20, 1994, as denied his motion for partial summary judgment on the issue of liability on the second cause of action under Labor Law § 240 (1), and granted that branch of the defendant’s motion which was for summary judgment dismissing the second cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

The cause of action based upon Labor Law § 240 (1) was properly dismissed because the plaintiff was working on a highway, and not a "building” or "structure” within the meaning of this statute (see, Matter of Dillon v State of New York, 201 AD2d 793; Matter of Dillon v State of New York, 167 AD2d 574; Siragusa v State of New York, 117 AD2d 986; see also, Matter of Manente v Ropost, Inc., 136 AD2d 681).

[622]*622In light of the foregoing, we do not reach the parties’ remaining contentions. O’Brien, J. P., Ritter, Hart and Goldstein, JJ., concur.

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Bluebook (online)

226 A.D.2d 621, 641 N.Y.S.2d 37, 1996 N.Y. App. Div. LEXIS 4337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sciora-v-new-york-state-department-of-transportation-nyappdiv-1996.

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