Morales v. Spring Scaffolding, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
This appeal presents the question of whether a construction worker injured in an on-site accident is outside the protection of Labor Law § 240 (1) because he was on a lunch break at the time of the accident. Given the circumstances surrounding the accident, we answer the question in the negative.
Plaintiff, a working foreman for Galicia Contracting, a facade restorer, was injured on August 22, 2001, when he fell approximately eight feet from a sidewalk bridge after the parapet wall of the bridge collapsed. The owners of the building, a multiple dwelling at 148…
2Cases cited19 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- Russin v. Louis N. Picciano & SonNew York Court of Appeals · 1981
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
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