Whelen v. Warwick Valley Civic & Social Club
Cases that cite this one
97 later published cases cite this decision. The 25 that cite it most often are listed here.
- Stringer v. Musacchia (Appellate Division of the Supreme Court of New York 2007)
- Vera v. Low Income Marketing Corp. (Appellate Division of the Supreme Court of New York 2016)
- Stringer v. Musacchia (N.Y. 2008)
- Schwab v. Campbell (Appellate Division of the Supreme Court of New York 1999)
- Lee v. Jones (Appellate Division of the Supreme Court of New York 1997)
- Zampko v. Houghtaling (Appellate Division of the Supreme Court of New York 2025)
- Aslam v. Neighborhood Partnership Housing Development Fund Co. (Appellate Division of the Supreme Court of New York 2016)
- Hill v. Country Club Acres, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Cromwell v. Hess (Appellate Division of the Supreme Court of New York 2009)
- Aloise v. Saulo (Appellate Division of the Supreme Court of New York 2008)
- Fuller v. Spiesz (Appellate Division of the Supreme Court of New York 2008)
- Abbatiello v. Lancaster Studio Associates (N.Y. 2004)
- Boncore v. Temple Beth Zion (Appellate Division of the Supreme Court of New York 2002)
- Agli v. Turner Construction Co. (Appellate Division of the Supreme Court of New York 1998)
- Tse Chin Cheung v. G & M Hardware & Electric, Inc. (Appellate Division of the Supreme Court of New York 1998)
- Mordkofsky v. V.C.V. Development Corp. (N.Y. 1990)
- Crawford v. Monfield Homes, Inc. (New York Supreme Court 1983)
- Adame v. Baychester Retail III LLC (New York Supreme Court, Kings County 2025)
- Triest v. Nixon Equip. Servs., Inc. (Appellate Division of the Supreme Court of New York 2024)
- Lochan v. H & H Sons Home Improvement, Inc. (Appellate Division of the Supreme Court of New York 2023)
- Powell v. City of New York (Appellate Division of the Supreme Court of New York 2023)
- Ramsden v. Geary (Appellate Division of the Supreme Court of New York 2021)
- Doskotch v. Pisocki (Appellate Division of the Supreme Court of New York 2019)
- Pelonero v. Sturm Roofing, LLC (Appellate Division of the Supreme Court of New York 2019)
- Dos Anjos v. Palagonia (Appellate Division of the Supreme Court of New York 2018)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Although the Labor Law defines an individual "employed” as including one who is "permitted or suffered to work” (§ 2, subd 7), this definition must be read in conjunction with that of "employee”, which is defined as "a mechanic, workingman or laborer working for another for hire” (§ 2, subd 5) (emphasis added). To come within the special class for whose benefit absolute liability is imposed upon contractors, owners and their agents to furnish safe equipment for employees under section 240 of the Labor Law, a plaintiff must demonstrate that he was both permitted or suffered to work on a building or structure and that he was hired by someone, be it owner, contractor or their agent. A volunteer who offers his services gratuitously cannot claim the protection afforded by the "flat and unvarying duty” flowing to this special class contained in section 240. (Yearke v Zarcone, 57 AD2d 457, 459, mot for lv to app den 43 NY2d 643.)
Chief Judge Cooke, and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer concur in memorandum; Judge Fuchs-berg taking no part.
Order affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.