Legal Opinion
Stringer v. Musacchia
New York Court of Appeals
Decided October 21, 2008PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
The strict liability provisions of Labor Law § 240 (1) apply to employees but not to persons who volunteer to work on a project. In this case, we are asked to decide whether plaintiff was entitled to section 240 (1) protection when he built a shed for an acquaintance while on a hunting trip. Based on the facts of this case, we conclude that plaintiff was not covered under the statute.
In 2001, defendant Barbara Musacchia was the sole trustee of the John Musacchia Residual Trust B-l that owned property in *214Greene County. Her son, John Musacchia, Jr., held hunting…
2Cases cited13 opinions
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
- Mordkofsky v. V.C.V. Development Corp.New York Court of Appeals · 1990
- Abbatiello v. Lancaster Studio AssociatesNew York Court of Appeals · 2004
- Whelen v. Warwick Valley Civic & Social ClubNew York Court of Appeals · 1979
- Sanatass v. Consolidated Investing Co.New York Court of Appeals · 2008
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Defoe v. PhillipSupreme Court of The Virgin Islands · 2012
- Slattery v. HochulCourt of Appeals for the Second Circuit · 2023
- Hill v. Country Club Acres, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Luthringer v. LuthringerAppellate Division of the Supreme Court of the State of New York · 2009
- Baker v. MuraskiAppellate Division of the Supreme Court of the State of New York · 2009
24 more not listed; retrieve them via the Exa API.