BURNS, JEFFERY v. LECESSE CONSTRUCTION SERVICES LLC

I respectfully dissent in part in appeal No. 1. Contrary to the view of the majority, in my view defendants Dukes Property Development, LLC (Dukes) and U.S. Ceiling Corp. (U.S. Ceiling) are subject to Labor Law § 200 liability. With respect to construction work, Labor Law §§ 240 (1) and 241 (6) explicitly impose duties regarding worker safety upon “[a] 11 contractors and owners and their agents.” The duties imposed by Labor Law § 200, by contrast, are directed not to specific persons or entities but rather to the workplace itself, i.e., “[a] 11 places to which [the Labor Law] applies.” I…