Vega v. Restani Construction Corp.

18 N.Y.3d 499 (2012)

965 N.E.2d 240

942 N.Y.S.2d 13

2012 NY Slip Op 1148

MINERVA VEGA, Respondent,

v.

RESTANI CONSTRUCTION CORP. et al., Defendants, and

GENERAL FENCE CORPORATION, Appellant.

No. 4.

Court of Appeals of New York.

Argued January 3, 2012.

Decided February 16, 2012.

Amy Lynn Fenno, for appellant.

Brian J. Isaac, and Jillian Rosen of counsel for respondent.

Judges CIPARICK, GRAFFEO and JONES concur with Chief Judge LIPPMAN; Judge SMITH dissents in a separate opinion in which Judges READ and PIGOTT concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

We hold that plaintiff, a park maintenance worker,…