Whelen v. Warwick Valley Civic & Social Club

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Although the Labor Law defines an individual "employed” as including one who is "permitted or suffered to work” (§ 2, subd 7), this definition must be read in conjunction with that of "employee”, which is defined as "a mechanic, workingman or laborer working for another for hire” (§ 2, subd 5) (emphasis added). To come within the special class for whose benefit absolute liability is imposed upon contractors, owners and their agents to furnish safe equipment for employees under section 240 of the…