Enos v. Werlatone, Inc.
Appellate Division of the Supreme Court of the State of New York
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
- Martinez v. City of New YorkNew York Court of Appeals · 1999
- Nagel v. D & R REALTY CORP.New York Court of Appeals · 2002
- Panek v. County of AlbanyNew York Court of Appeals · 2003
- Vernieri v. Empire Realty Co.Appellate Division of the Supreme Court of the State of New York · 1995
- 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
- Martinez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Gonzalez v. Woodbourne Arboretum, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Ferrigno v. Jaghab, Jaghab & Jaghab, P.C.Appellate Division of the Supreme Court of the State of New York · 2017
- Crossett v. Wing Farm, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- 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.