Legal Opinion

Enos v. Werlatone, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 1, 2009PublishedCited by 21 opinions

1Opinion of the Court

*714To successfully assert a cause of action under Labor Law § 240 (1), a plaintiff must establish that he or she was injured during “the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” (Labor Law § 240 [1]; see Wein v Amato Props., LLC, 30 AD3d 506, 507 [2006]). The statute provides “no protection to a plaintiff injured before any activity listed in the statute was under way” (Panek v County of Albany, 99 NY2d 452, 457 [2003]). Here, the Supreme Court correctly granted that branch of the motion of the defendants Glenn Werlau and Christel…

2Cases cited12 opinions

  1. Martinez v. City of New YorkNew York Court of Appeals · 1999
  2. Nagel v. D & R REALTY CORP.New York Court of Appeals · 2002
  3. Panek v. County of AlbanyNew York Court of Appeals · 2003
  4. Vernieri v. Empire Realty Co.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Wein v. Amato Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2006

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

3Cited by21 opinions

  1. Martinez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
  2. Gonzalez v. Woodbourne Arboretum, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Ferrigno v. Jaghab, Jaghab & Jaghab, P.C.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Crossett v. Wing Farm, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  5. Derosas v. Rosmarins Land Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2017

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

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