Appellate Division of the Supreme Court of New York, 2011

Allen v. City of New York

Allen v. City of New York
Appellate Division of the Supreme Court of New York · Decided November 1, 2011
89 A.D.3d 406; 931 N.Y.2d 853
Allen v. City of New York

Opinion of the Court

Flaintiff s decedent, an employee of a traveling carnival, was injured while preparing an amusement ride for use at a carnival on City-owned property. Contrary to plaintiffs contention, the decedent was not engaged in the erection of a structure as contemplated by Labor Law § 240 (1). He was installing scenery panels as a backdrop to the ride, which came prebuilt (see Hodges v Boland’s Excavating & Topsoil, Inc., 24 AD3d 1089, 1091-1092 [2005], lv denied 6 NY3d 710 [2006]; Munoz v DJZ Realty, LLC, 5 NY3d 747 [2005]; Adair v Bestek Light. & Staging Corp., 298 AD2d 153 [2002]).

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Gonzalez, EJ., Tom, Sweeny and Renwick, JJ.

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