Allen v. City of New York
Cases that cite this one
2 later published cases cite this decision.
- Lopez v. 6071 Enters., LLC (Appellate Division of the Supreme Court of New York 2018)
- Andino v. Wizards Studios N. Inc. (Appellate Division of the Supreme Court of New York 2024)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.