Appellate Division of the Supreme Court of New York, 1996

Gentile v. New York City Housing Authority

Gentile v. New York City Housing Authority
Appellate Division of the Supreme Court of New York · Decided June 18, 1996
228 A.D.2d 296; 643 N.Y.2d 588; 643 N.Y.S.2d 588; 1996 N.Y. App. Div. LEXIS 7138
Gentile v. New York City Housing Authority

Opinion of the Court

Plaintiff, who was the driver of a truck that hauled away concrete construction debris, fell to the ground from a height of 9 to 10 feet. This happened after he lost his balance while pulling a tarpaulin from a stationary roller over the truck’s contents. However, because the record establishes that plaintiff was not engaged "in the erection, demolition, repairing, altering, painting, cleaning or pointing” of "a building or structure” within the intended meaning of Labor Law § 240 (1), the IAS Court erred in granting summary judgment in his favor on the issue of liability, and should have dismissed the cause of action. Concur—Milonas, J. P., Ellerin, Rubin, Ross and Mazzarelli, JJ.

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