Campisiv. Epos Contracting Corp.

Tom, J.P.

(dissenting). This case brings up for review the question whether plaintiff, employed by the City of New York, who was injured at a construction site while visually monitoring construction work being performed by contractors hired by the City, was, as a matter of law, within the class of workers that Labor Law § 240 (1) was intended to protect and on whose behalf strict liability is imposed.

The job site was a three-story brownstone building, owned by New York City, that had been gutted and was being converted into six residential units. The City, which engaged in no construction work…