Legal Opinion

Munoz v. DJZ Realty, LLC

New York Court of Appeals

Decided June 29, 2005PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and defendant’s motion for summary judgment dismissing the Labor Law § 240 (1) cause of action granted. The certified question should be answered in the negative.

Plaintiff was injured in a fall while applying a new advertisement to the face of a billboard that sat atop a building owned by defendant. Plaintiffs activities may have changed the outward appearance of the billboard, but did not change the billboard’s structure, and thus were more akin to cosmetic maintenance or decorative…

2Cases cited1 opinion

  1. Joblon v. SolowNew York Court of Appeals · 1998

3Cited by25 opinions

  1. Joseph Saint v. Syracuse Supply CompanyNew York Court of Appeals · 2015
  2. In re World Trade Center Lower Manhattan Disaster Site LitigationDistrict Court, S.D. New York · 2014
  3. Dahar v. Holland Ladder & Manufacturing Co.New York Court of Appeals · 2012
  4. Bodtman v. Living Manor Love, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  5. Maes v. 408 W. 39 LLCAppellate Division of the Supreme Court of the State of New York · 2005

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