Adimey v. Erie County Industrial Development Agency

Lawton and Davis, JJ. (dissenting in part).

We respectfully dissent in part. The majority’s holding negates the clear wording of Labor Law § 240 (1), which states that an owner is absolutely liable for damages for injuries arising out of a violation of the statute. In this case, defendant, Erie County Industrial Development Agency (ECIDA) is the title owner of the property. If an exception is to be made for “pass-through” owners like defendant, then such a change must be made by the Legislature. ECIDA, as a public entity that owns the land, accepts the advantages and disadvantages associated…