Hoffmeister v. Oaktree Homes, Inc.

Order unanimously affirmed without costs. Memorandum: We reject the contention of defendant Oaktree Homes, Inc. (Oaktree Homes) that factual issues exist whether the area where plaintiff was working, a cross beam lying across concrete foundation walls and situated some 8 to 12 feet above the basement floor, constituted part of the work place within the meaning of Labor Law § 240 (1) and whether plaintiff was a recalcitrant worker.

Plaintiff was employed by third-party defendant, J.E.B. Contracting, to move a modular home and place it on foundation walls. A wooden structure had been built on…