Legal Opinion

Coombs v. Izzo General Contracting, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided March 27, 2008PublishedCited by 3 opinions

1Opinion of the Court

Plaintiff, a superintendent of a building that was undergoing demolition and construction, is not within the class of persons entitled to invoke the protection of Labor Law § 240 (1) and § 241 (6). Although an individual need not actually be engaged in physical labor to be entitled to coverage under the Labor Law, plaintiff did not perform work integral or necessary to the *469completion of the construction project, nor was he “a member of a team that undertook an enumerated activity under a construction contract” (Prats v Port Auth. of N.Y. & N.J., 100 NY2d 878, 882 [2003]). As superintendent of…

2Cases cited2 opinions

  1. Prats v. Port Authority of New York & New JerseyNew York Court of Appeals · 2003
  2. Blandon v. Advance Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1999

3Cited by3 opinions

  1. DeSimone v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  2. DeSimone v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  3. Yousuf v. Horace Plaza, LLCAppellate Division of the Supreme Court of the State of New York · 2023

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