Keenan v. Just Kids Learning Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
It is well settled that to assert an actionable claim under Labor Law § 240 (1), a plaintiff must show that he was injured during “the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” (Labor Law § 240 [1]; see Martinez v City of New York, 93 NY2d 322, 325; Joblon v Solow, 91 NY2d 457, 464; Luthi v Long Is. Resource Corp., 251 AD2d 554, 555). In the present case, the defendants established their prima facie entitlement to summary judgment by submitting evidence demonstrating that the plaintiff was injured while on a lunch break, and that he…
2Cases cited12 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Joblon v. SolowNew York Court of Appeals · 1998
- Jock v. FienNew York Court of Appeals · 1992
- Martinez v. City of New YorkNew York Court of Appeals · 1999
- Greenwood v. ShearsonAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by6 opinions
- Morales v. Spring Scaffolding, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Rivera v. SantosAppellate Division of the Supreme Court of the State of New York · 2006
- Feinberg v. SanzAppellate Division of the Supreme Court of the State of New York · 2014
- Loreto v. 376 St. Johns Condominium, Inc.New York Supreme Court · 2003
- Santos v. 304 West 56th Street Realty LLCNew York Supreme Court · 2008
1 more not listed; retrieve them via the Exa API.