Legal Opinion

Schroeder v. Kalenak Painting & Paperhanging, Inc.

New York Court of Appeals

Decided August 29, 2006PublishedCited by 23 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff concedes that wallpapering is not an enumerated activity under the Labor Law (see Labor Law § 240 [1]). Moreover, plaintiff fails to allege sufficient facts to estáblish that her work was part of a larger renovation project subject to coverage under the statute (see Martinez v City of New York, 93 NY2d 322, 326 [1999]; cf. Prats v Port Auth. of N.Y. & N.J., 100 NY2d 878 [2003]). Plaintiff’s section 241 (6) argument is similarly without merit.

Chief Judge Kaye and Judges G.B. Smith,…

2Cases cited2 opinions

  1. Prats v. Port Authority of New York & New JerseyNew York Court of Appeals · 2003
  2. Martinez v. City of New YorkNew York Court of Appeals · 1999

3Cited by23 opinions

  1. People v. PallagiAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. DoyleAppellate Division of the Supreme Court of the State of New York · 2008
  3. Enos v. Werlatone, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  4. People v. NunezAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. MorganAppellate Division of the Supreme Court of the State of New York · 2017

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API