Legal Opinion
McCoy v. Kirsch
Appellate Division of the Supreme Court of the State of New York
Decided September 12, 2012Published
1Opinion of the Court
OPINION OF THE COURT
Dillon, J.P.
This appeal calls upon our Court to address the factors that should be considered in determining whether a particular item or device qualifies as a “structure” for purposes of Labor Law § 240 (1) liability.
The plaintiff, Samuel McCoy, was employed as a truck driver by nonparty Atlas Florists. On August 23, 2008, a wedding ceremony was conducted at a catering facility of the defendant Abigail Kirsch at Stage 6 (hereinafter Abigail Kirsch), which involved the use of a wedding chupah. A chupah is a canopy under which brides and grooms stand during weddings…
2Cases cited21 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
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
- Bland v. ManocherianNew York Court of Appeals · 1985
- McCarthy v. Turner Construction, Inc.New York Court of Appeals · 2011
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